Son Wishes to Emancipate in New Mexico

Can you help me understand the law and what kind of time line this takes. My son is 16, 17 in February. He has found a place to live (New Mexico), has a job and has worked out a budget. He would like to leave yesterday, he hates it here. What does he have to do, what are my responsibilty to him before he leaves. Am I legally responsible while he is living at someone else home, before he is(if) emancipated. Where does he find the information or who does he contact. I'd like to be sure that the information he is giving me is correct. I have told him if he is going to do this he had to do it on his own, but I would like to understand the process. Thank you for your help.
faithful2z1

The emancipation needs to be filed in the state he has residence in which is? By the way not all states have a Statute for emancipation

My son live in New Mexico with his father and myself. I know the state has emancipation laws, I'd just like to understand them better. What it is he has to do.

Is he living independently?
Is he self (keyword self) supporting


that for starters

as of right now no. He lives at home with me his father is overseas. He has a job part time. He has talked with a friend who is willing to let him stay at his house for $100.00 a month. The part time job he has just started (one day $7.95 hour)

I cannot find the New Mexico statute (if ther eis one) but a one day $7.95 an hour job will not be enough to convince a judge to grant such a request. However he can live anywhere "with" your consent

If I give consent for him to live somewhere are his father and I still responsible for his actions. Also he does have a savings account with apx $300.00 in it. Will this money make a diffrence.

You pay bills you should know or hav ea good idea of the kind of income he will need. Far as first question yes you will still be responsilbe for his actions

does he have to hire an attorney? do we, his parents need to hire an attorney?

For what? He does not make enough for emancipation! Now if its to give consent to live elsewhere that might be good idea.

panther10758 thanks for your help. If I have any more questions I'll be back.
faithful2z1

Here are some relevant provisions from New Mexico's emancipation laws.

Quote:

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Quoting New Mexico Emancipation Law

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32A-21-3. Emancipated minors; description.

An emancipated minor is any person sixteen years of age or older who:

A. has entered into a valid marriage, whether or not the marriage was terminated by dissolution;

B. is on active duty with any of the armed forces of the United States of America; or

C. has received a declaration of emancipation pursuant to the Emancipation of Minors Act [32A-21-1 NMSA 1978]

32A-21-4. Emancipation by declaration.

Any person sixteen years of age or older may be declared an emancipated minor for one or more of the purposes enumerated in the Emancipation of Minors Act [32A-21-1 NMSA 1978] if he is willingly living separate and apart from his parents, guardian or custodian, is managing his own financial affairs and the court finds it in the minor's best interest.

32A-21-7. Declaration of Emancipation; petition; contents; notice; mandate.

A. A minor may petition the children's court of the district in which he resides for a declaration of emancipation as described in the Emancipation of Minors Act [32A-21-1 NMSA 1978]. The petition shall be verified and shall set forth with specificity the facts bringing the minor within the provisions of the Emancipation of Minors Act.

B. Before the petition is heard, notice shall be given to the minor's parents, guardian or custodian in accordance with the Rules of Civil Procedure for the District Courts [1-001 NMRA].

C. If the court finds that the minor is sixteen years of age or older and is a person described under Section 48 [32A-21-2 NMSA 1978] of this act, the court may grant the petition unless, after having considered all of the evidence introduced at the hearing, it finds that granting the petition would be contrary to the best interests of the minor.

D. If the petition is sustained, the court shall immediately issue a declaration of emancipation containing specific findings of fact and one or more purposes of the emancipation, which shall be filed by the county clerk.

E. If the petition is denied, the minor has a right to file a petition for a writ of mandamus.

F. If the petition is sustained, the parents, guardian or custodian of the minor has a right to file a petition for a writ of mandamus if he appeared in the proceeding and opposed the granting of the petition.

G. A declaration of emancipation granted in accordance with the Emancipation of Minors Act shall be conclusive evidence that the minor is emancipated.

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