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When emancipation occurs...

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  • Legalbear
    We consider that statutory definition to be controlling as to the age at which emancipation occurs as a matter of law except where otherwise provided by
    Message 1 of 1 , Aug 30, 2005
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      We consider that statutory definition to be controlling as to the age at which

      emancipation occurs as a matter of law except where otherwise provided by statute. In

      the absence of emancipation occurring upon attainment of majority, the question of

      whether a child is emancipated is essentially one of fact determinable by the trier of fact.

      Union Pacific Railway Co. v. Jones, 21 Colo. 340, 40 P. 891. Resolution of that

      question is concerned more with the extinguishment of parental rights and duties than

      with the removal of the disabilities of infancy. 39 Am. Jur. Parent and Child § 64. It

      occurs only when there is a complete severance of the filial tie, 39 Am. Jur. Parent and

      Child § 64; and we rule here that the child's possession or lack of possession of the right

      to vote has little or no bearing on the determination as to whether such tie has or has not

      been severed. Orman v. Orman, 1971.CO.40144 <http://www.versuslaw.com> ¶ 18; 492 P.2d 81 (Colo.App. 1971).

       

       

       

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