Saturday, October 26, 2013

What does emancipation age mean in New York State?

Q:  In New York State, if a parent has sole custody of a child, when that child turns 18 but is still living in the custodial parents house and also still attending high school, can that child choose to move out and live with the non custodial parent at the childs own choosing without the consent of the custodial parent? Also, if a spouse gives up the rights to the other spouses pension, does that mean that they are also giving up claims or rights to receive the spouses social security when they become of retirement age? After being married for 27 years, can each spouse still collect on each others social security upon retirement or is that waived in a divorce? Thanks very much.

A: David's Answer:  The answer to your first question is yes, the child can move where s/he wishes to. Regarding your second question, it depends on how the settlement agreement was phrased in the divorce case. Thus, it behooves you to bring the agreement in & have a full consultation with a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (

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