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  1. #1
    Join Date
    Jun 2008
    Posts
    4

    Exclamation New Mexico Emancipation

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

    see i want to get emancipated....but im just wondering if you can still be with a boyfriend,and if i can, can he be over eighteen if im 17?well see im not trying to get emancipated for that reason,i just need to try to get out on my own and theres more to it but i was just wondering if you could still have a boyfriend over 18 cause thats the only thing thats holding me back from getting emancipated. but like i said im trying for emancipation for other reasons....the boy friend thing is just something holding me back from doing it and i want to know the rules on that.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: New Mexico Emancipation

    I had a really hard time reading that.

    Anyway, emancipation, if granted, gives the minor very limited rights to certain abilities of adulthood... to, say, enter contracts.

    It does NOT mean that all other age restrictions are lifted. You still cannot smoke, drink or, in your case, have sex with an adult.

    Also, no judge in any jurisdiction is going to emancipate you because your parents don't want you dating your boyfriend.

    Not going to happen.

  3. #3
    Join Date
    Jun 2008
    Posts
    4

    Exclamation Re: New Mexico Emancipation

    im trying to get emancipated for other reasons. its just a question thats crossing my mind and im wondering if i would still be able to see him. im not tryng to get emancipated to be with him or see him...nothing like that...just that if i can still be with him.because ive been with him over half a year and my parent was ok with it...he lives with us now as a matter of fact because my parent suggested it.....long story. but if you can help me in any way. private message me and ill give you more detail to help me but im just needing more information.please...

  4. #4
    panther10758 Guest

    Default Re: New Mexico Emancipation

    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.

  5. #5
    Join Date
    Nov 2007
    Location
    Dauphin County, PA
    Posts
    439

    Default Re: New Mexico Emancipation

    Even IF you were to obtain the status of emancipation, your question as to whether you could still see your boyfriend is a non-issue. You would have no time what so ever to see him, let alone anyone else.

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