Support Obligation:
Children are deemed "emancipated" and parents no longer have an obligation to support them if children become economically independent of parents through employment, entry into military service, or marriage, and may also be deemed constructively emancipated if, without cause, they withdraw from parental control and supervision.

Under the "withdrawal from parental control doctrine," a child who is not financially self-sufficient may nevertheless be deemed emancipated so as to relieve the parents of their support obligation if he or she abandons the parental home without sufficient cause and refuses to comply with reasonable parental demands.

Where a child leaves home for good cause or with approval of the custodial parent, a child retains his/her right to support from their parent.

School Registration:
It is NOT necessary to have a court-appointed legal guardian for an "emancipated" youth to enroll in a school district different from that of the natural parent. Often Schools or agencies request copies of "emancipation papers." What they may be asking for is an affidavit or other sworn or verified document which sets forth the reasons the youth believes she/he is an emancipated minor. Such documentation is NOT provided by a court.

Important Ages to Remember:
1. Under 21: Parents are liable for support, subject to the child's obeying reasonable rules and regulations of the household.

2. Under 18: Parents are subject to Family Court jurisdiction for neglecting the child's support needs or for abusing the child.

3. Under 18: The child is subject to Family Court jurisdiction as a Person In Need of Supervision if she/he fails to obey the reasonable rules and regulations of the household, such as by running away or being otherwise incorrigible.

For answers to specific questions regarding your rights and/or obligations as an "emancipated" minor, or his/her parent, you should consult your lawyer.

1) Once you have received notification from the Erie County Support Collection Unit that an action has been commenced seeking to suspend your driver's license, a written challenge may be filed with the Erie County Support Collection Unit, 95 Franklin Street, Buffalo, New York 14202.

2) If you receive a written denial, an objection may be filed with Family Court (within 35 days of notification of the denial). In order to file the objection, you would need the following:
a) a copy of the denial letter;
b) a completed "Objection to Support Collection Unit Denial of Challenge to Driver's License Suspension"-Form 4-22
c) a completed affidavit of service.

3) If you are in possession of these three items, the "objection" would be: filed with the Court (One Niagara Plaza, 3rd Floor - Support Magistrates Office), held for the 10-day rebuttal period, and then forwarded to the appropriate Judge. A decision would be rendered on the papers alone (without a hearing) and the parties would be advised of the disposition.

Information will be provided on:

The divorce and separation process and its stages.

The nature and effect of custody litigation on parents and children.

Parents' legal and moral obligations concerning child support.

How the Court decides child support issues.

The impact of divorce and parental separation on children and how to reduce its negative effects.

How the legal process works and options available under it.

When children are involved, divorce and separation are not the end of the family, but rather a reorganization. Thus, the P.E.A.C.E. Program's purpose is to enable parents to make responsible decisions which recognize their children's need for continuing, good relationships with them.

Children are generally better off if parents can reduce antagonism and play a meaningful role in their lives after a divorce or separation. Studies on the effects of divorce on children show that a stable relationship with both parents after divorce is the primary indicator that a child will successfully adjust to a divorce.

One should assume that the same holds true for children of unmarried parents who separate. Evidence also shows that litigation as a technique for dispute resolution often works against these goals.

Through education, the P.E.A.C.E Program helps parents understand what is happening to them and their children; thus they become better able to aid their children through this transition.

P.E.A.C.E PROGRAM CONTENT
The Program consists of a number of sessions comprised of a large group presentation and small group meeting, where parents have an opportunity to discuss the information presented and have questions answered about the presentations. A parent does not, however, participate in the same small group as a coparent.

The following topics are covered:

Topic 1: The Legal Process.
This part of the program is led by a judge or lawyer or both. It focuses on a description of how the legal process resolves disputes parents do not resolve themselves, such as custody and child support issues. In addition, an overview of the program, its goals and rationale is presented.

Topic 2: The Adult Experience of Divorce.
A forum on the adult experience of divorce and separation is presented by trained, qualified mental health professionals. It concentrates on:

A. The state of divorce and separation in America today, emphasizing that the participants are not alone.

B. The stages of divorce and separation in terms of feelings, changes in relationships and adjustments.

Topic 3: The Child's Experience
Also led by a trained mental health professional, the session focuses on:

A. The effect of divorce and separation on children of different ages and at different stages of the process.

B. The child's point of view.

C. The behavioral response of children to parental conflict.

D. The needs of children during this time and how parents can respond to them.

E. Community resources that can help.

Topic 4: Domestic Violence Issues
Led by a trained Domestic Violence Advocate.

A. Ways to parent with your former partner. The Parenting Continuum from Parallel to Cooperative Parenting.

B. Resources and support for victims of domestic violence.

In addition, parents are shown the P.E.A.C.E. Program video, "In the Best Interests of the Children." Children of divorce and separation appear on this video and share their feelings and experiences, interspersed with comments from judges, lawyers and mental health professionals.

For information on the Erie County P.E.A.C.E Program, contact:

Frank J. Boccio, Chief Clerk
Erie County Family Court
One Niagara Plaza
Buffalo, NY 14202
(716) 845-7444

P.E.A.C.E.Program Registration Information

(Text excerpted from brochure produced by the Interdisciplinary Forum on Mental Health and Family Law (New York State) and Hofstra University, Hempstead, NY 11550-1090)