Is a Parent Still Liable for A child After Notarial Emancipation in Louisiana?

06/10/2009 - Category:Minors - Emancipation of Minor - State: LA #16927

Full Question:

Does a notarial emancipation of a 15 year old child who wants to live with another family relieve the father and mother of parental obligations such as financial support, financial responsibility if child is negligent, truancy, etc.?

Answer:

An emancipated child is considered an adult and no longer under the custody or care of either parent. A parent no longer is under a duty to support an emancipated child and generally won't be responsible for the acts of the child any longer. However, a parent may still be liable under contract principals, such as when a joint owner/cosigner/guarantor relationship is created.

Please see the following LA statutes:

Art. 366. Emancipation by notarial act

The minor, although not married, may be emancipated by his father or, upon the death of the father, by his mother or, in the event of divorce or separation from bed and board, by the natural tutor or cotutors acting jointly, when he shall have arrived at the full age of fifteen years.

This emancipation takes place by the declaration to that effect of the father, the mother, or both, before a notary public in the presence of two witnesses.

Please see the information at the following links:

http://definitions.uslegal.com/m/minors-emancipation/
http://lawdigest.uslegal.com/minors/emancipation-of-minor/6538/
http://www.uslegalforms.com/la/LA-5237.htm
http://www.uslegalforms.com/la/LA-624-M.htm
http://www.uslegalforms.com/la/LA-738-M.htm

06/10/2009 - Category: Emancipation of Minor - State: LA #16927

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