Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Aug 2006
    Posts
    10

    Unhappy New Mexico Emancipation Law

    ok, im from deming, new mexico. im turning 15 on sunday, and i want to get emancipated. is it possible? because my brother is back home and now my parents are treating me like shit. i want to go live with my fiance hes 18, we already have jobs and a house, and im still in shcool. is there anything i can do?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I want to get emancipated

    Under New Mexico Law,
    Quote Quoting Selected New Mexico Emancipation Statutes
    Section 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.

    Section 32A-21-5. Over the age of majority; purpose.

    An emancipated minor shall be considered as being over the age of majority for one or more of the following purposes:
    A. consenting to medical, dental or psychiatric care without parental consent, knowledge or liability;

    B. his capacity to enter into a binding contract;

    C. his capacity to sue and be sued in his own name;

    D. his right to support by his parents;

    E. the rights of his parents to his earnings and to control him;

    F. establishing his own residence;

    G. buying or selling real property;

    H. ending all vicarious liability of the minor's parents, guardian or custodian for the minor's torts; provided that nothing in this section shall affect any liability of a parent, guardian, custodian, spouse or employer of a minor imposed by the Motor Vehicle Code [66-1-1 NMSA 1978] or any vicarious liability that arises from an agency relationship; or

    I. enrolling in any school or college.
    Section 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.

  3. #3
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: New Mexico Emancipation Law

    Quote Quoting cake
    View Post
    ok, im from deming, new mexico. im turning 15 on sunday, and i want to get emancipated. is it possible? because my brother is back home and now my parents are treating me like shit. i want to go live with my fiance hes 18, we already have jobs and a house, and im still in shcool. is there anything i can do?
    The answer to your question is no there is nothing you can do. You cannot be emacipated so that you can go live with your boyfriend.

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: New Mexico Emancipation Law

    Quote Quoting cake
    Can I still get empancipated....

    --------------------------------------------------------------------------------

    I live in New Mexico, and I was wondering if I could still get emancipated, if I dropped out of school? Or would I have to stay in school?
    From New Mexico statutes:

    22-12-2. Compulsory school attendance; responsibility.


    A. Any qualified student and any person who because of his age is eligible to become a qualified student as defined by the Public School Finance Act [22-8-1 NMSA 1978] until attaining the age of majority shall attend a public school, a private school, a home school or a state institution. A person shall be excused from this requirement if:

    (1) the person is specifically exempted by law from the provisions of this section;

    (2) the person has graduated from a high school;

    (3) the person is at least seventeen years of age and has been excused by the local school board or its authorized representative upon a finding that the person will be employed in a gainful trade or occupation or engaged in an alternative form of education sufficient for the person's educational needs and the parent, guardian or other person having custody and control consents; or

    (4) with consent of the parent of the person to be excused, the person is excused from the provisions of this section by the superintendent of schools of the school district in which the person is a resident and the person is under eight years of age.

    B. A person subject to the provisions of the Compulsory School Attendance Law [22-12-1 NMSA 1978] shall attend school for at least the length of time of the school year that is established in the school district in which the person is a resident.

    C. Any parent of a person subject to the provisions of the Compulsory School Attendance Law is responsible for the school attendance of that person.

    D. Each local school board and each governing authority of a private school shall enforce the provisions of the Compulsory School Attendance Law for students enrolled in their respective schools.

  5. #5
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: New Mexico Emancipation Law

    http://www.expertlaw.com/forums/showthread.php?t=13182

    How many threads do you have going?

    1. Sponsored Links
       

Similar Threads

  1. Emancipation: Emancipation In New Mexico
    By lost&confused in forum Juvenile Law
    Replies: 9
    Last Post: 05-19-2010, 03:34 PM
  2. Emancipation: New Mexico Emancipation
    By jamesmm in forum Juvenile Law
    Replies: 1
    Last Post: 04-09-2009, 02:10 PM
  3. Emancipation: New Mexico Emancipation
    By nm505girl in forum Juvenile Law
    Replies: 4
    Last Post: 07-07-2008, 05:54 PM
  4. Emancipation: Emancipation In New Mexico
    By nm505girl in forum Juvenile Law
    Replies: 5
    Last Post: 06-22-2008, 03:55 PM
  5. Emancipation: Questions on Emancipation in New Mexico
    By Mommy_Ortega in forum Juvenile Law
    Replies: 2
    Last Post: 08-28-2006, 01:27 PM
 
 
Sponsored Links

Legal Help, Information and Resources