52 A.3d 1072
N.J. Super. Ct. App. Div.2012Background
- Sharon, born in 1994, has just turned eighteen and lives with plaintiff mother while finishing high school.
- Sharon seeks a formal order of emancipation from both parents, represented by independent counsel.
- Defendant father objects, arguing Sharon is still within the sphere of parental influence and not ready for emancipation.
- Sharon plans college, aiming to fund her education without compulsory parental contributions; she understands emancipation affects such support.
- Court holds a hearing, Sharon testifies as a mature, independent adult; no credible evidence of incompetence or immaturity.
- Court distinguishes Quinn v. Johnson and grants Sharon’s emancipation, noting eighteen-year-olds are adults under New Jersey law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May an eighteen-year-old be emancipated over parental objection? | Sharon argues emancipation is appropriate given adulthood and independence. | Father contends Sharon remains within parental influence and emancipation is premature. | Yes; emancipation granted over objection. |
| Is Quinn v. Johnson controlling on emancipation of an eighteen-year-old? | Quinn is not binding and does not preclude emancipation here. | Quinn suggests limited parens patriae jurisdiction post‑eighteen. | Quinn not controlling; distinguishable and not binding. |
| Does Sharon’s maturity support emancipation outside parental influence? | Sharon is mature, independent, and capable of managing her own affairs. | Sharon is still too young and inexperienced to govern her life alone. | Court finds Sharon competent and emancipated. |
| What is the effect of emancipation on parental financial support? | Emancipation removes obligation of parental support for education. | Emancipation should not be granted to bypass potential support obligations. | Emancipation terminates compulsory parental contributions. |
Key Cases Cited
- Gac v. Gac, 186 N.J. 535 (N.J. 2006) (emancipation-related support considerations; age 18 as adulthood)
- Newburgh v. Arrigo, 88 N.J. 529 (N.J. 1982) (emancipation and college contribution under certain circumstances)
- Dolce v. Dolce, 383 N.J. Super. 11 (App.Div. 2006) (emancipation/child support in noncustodial context)
- Bishop v. Bishop, 287 N.J. Super. 593 (Ch. Div. 1995) (emancipation-related considerations)
- Quinn v. Johnson, 247 N.J. Super. 572 (Ch. Div. 1990) (parens patriae jurisdiction post-eighteen; not dispositive here)