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  1. #1
    Join Date
    Jun 2008
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    4

    Question Emancipation In New Mexico

    My question involves emancipation laws for the State of: new mexico.

    OK so lets say you had a boyfriend and you two have been dating since this valentines day....at first it was a long distance relationship then your father convinced him to moving here to start a new life and work at these mines and that he would let him stay in your house until he got his own place and started his job at the mine but then he kept threatning you about the relationship and its age and has not really treated you right and thats the reason you wanted to get emancipated but in the process of all this you found this 20 year old boyfriend and the parent was ok with it but u still wanted to get emancipated...if it worked, the emancipation,would you still be able to see him?

  2. #2
    panther10758 Guest

    Default Re: Can You Be Emancipated if You 17 and Still See Your 20 Yr.old Boyfriend?

    No emancipation is about "self" support. It has nothing to do with dating what so ever. Nothing in your post even remotely suggest you would qualify if your state even has a statute

  3. #3

    Default Re: Can You Be Emancipated if You 17 and Still See Your 20 Yr.old Boyfriend?

    Nothing you've talked about has anything to do with emancipation.

    If you are making straight A's in school, have had a job for a substantial period of time, make enough money to support yourself and live BY YOURSELF (since no judge is going to emancipate you to live with a boyfriend), and can prove that it is in your best interest (and no, wanting to get emancipated to have sex isn't going to be seen as "best"), then you might have a shot.

    Try painting a picture where emancipation is in your best interest without using the word "boyfriend".

  4. #4
    Join Date
    Jun 2008
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    4

    Default Re: Can You Be Emancipated if You 17 and Still See Your 20 Yr.old Boyfriend?

    no ok i said that wrong....well you guys got the wrong idea...ok your parent always treated you how do i say wierd and not really like a parent and always making you breakdown and stuff and thats the reason of the why you wanted emancipaton and u wantd to be out of his control
    but if you didnt live with your boyfriend you just wanted to still see him could you? or would that be aginst the law?.
    and i thought you couldnt get any type of housing unless u were 18

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Can You Be Emancipated if You 17 and Still See Your 20 Yr.old Boyfriend?

    Quote Quoting nm505girl
    View Post
    no ok i said that wrong....well you guys got the wrong idea...ok your parent always treated you how do i say wierd and not really like a parent and always making you breakdown and stuff and thats the reason of the why you wanted emancipaton and u wantd to be out of his control
    but if you didnt live with your boyfriend you just wanted to still see him could you? or would that be aginst the law?.
    and i thought you couldnt get any type of housing unless u were 18
    Emancipation grants certain rights to minors below the age of 18 so that they can survive... signing a lease is one of them.

    All other age restricted activities are still in place... you cannot buy tobacco or alcohol or have sex with adults until you reach the lawfully mandated age for that activity.

  6. #6
    panther10758 Guest

    Default Re: Emancipation In New Mexico

    CHAPTER 32A. CHILDREN'S CODE


    ARTICLE 21. EMANCIPATION OF MINORS




    32A-21-1. Short title.


    Sections 47 through 53 [32A-21-1 to 32A-21-7 NMSA 1978] of this act may be cited as the "Emancipation of Minors Act".


    32A-21-2. Legislative findings and purpose.


    It is the purpose of the Emancipation of Minors Act [32A-21-1 to 32A-21-7 NMSA 1978] to provide a clear statement defining emancipation and its consequences and to permit an emancipated minor to obtain a court declaration of his status.


    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 to 32A-21-7 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 to 32A-21-7 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-21-5. 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 or any vicarious liability that arises from an agency relationship; or


    I. enrolling in any school or college.


    32A-21-6. Public entitlement of emancipated minors.


    A declared emancipated minor shall not be denied benefits from any public entitlement program to which he may have been entitled in his own right prior to the declaration of emancipation.


    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. 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 [32A-21-1 to 32A-21-7 NMSA 1978].


    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.


    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 [32A-21-1 to 32A-21-7 NMSA 1978] shall be conclusive evidence that the minor is emancipated.


    Note nothing in this statute states you would be immune from any age restrictive laws

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