Are the rules any different to emancipate a special needs child?
The rules for the emancipation of a special needs child is certainly different. It is black letter law that a child emancipates once he reaches the age of majority, graduates from high school, or graduates from college. However, these rules are not applied to a child who is a special needs child. It is important to emphasize that emancipation is considered to be an event in the law, and it is not simply a date certain. The key concern is that emancipation occurs when a child moves beyond the sphere of influence and responsibility exercised by a parent and achieves an independent status on his or her own. See, Bishop v. Bishop, 287 Super, 593, 598 (Ch. Div. 1995). In the real world, most special needs children may never move beyond their parent’s “sphere of influence”. Therefore, child support for a special needs child may continue for a very long time. A parent may be required to support a special needs child who even though he may have reached the age of majority. If the special needs