Jennifer S. v. Marvin S.,
568 N.Y.S.2d 515


Facts: Jennifer S., a minor, (P) filed a petition for support against her father, Marvin S. (D). P was locked out of the family home when she disobeyed her father's demand to undergo a psychiatric evaluation. The hearing officer rejected D's claim that P had emancipated herself and directed D to pay $142.00 per week for P's support.

Issue: Does a minor child's refusal to obey all parental direction mean mat the child is emancipated?

Holding: Yes. Judgment affirmed. A parent in New York is obligated to support a child until the child reaches age 21 unless the child is emancipated by voluntarily abandoning the parental home without cause to avoid pa¬rental control. A parent may impose reasonable rules to control the child in return for maintenance and support. However, a child does not voluntarily abandon the parental home if the parent's rules are unreasonable.

Analysis: Petitioner minor daughter filed a petition that sought support from respondent father after respondent locked her out of their home for refusing to enter an in-patient facility for psychiatric evaluation. The family court rendered an order, which determined that petitioner was not emancipated, and directed respondent to pay her $ 142 per week in support. Respondent filed objections to the order. The court denied respondent's objections to the order because respondent's demand that petitioner report for in-patient psychiatric evaluation and treatment was not a reasonable request. The court found that petitioner did not voluntarily abandon her home to avoid parental control, but was abandoned by her parents. Further, petitioner's conduct and part-time employment did not constitute an emancipation that relieved respondent of his obligation to support his minor daughter. The obligations of parents were not avoided merely because the child was at odds with her parents or had disobeyed their instructions.