Custody & Child Support: When Are Children Emancipated?
- Madeline Richard, Esq.
- 7 days ago
- 2 min read

Emancipation is a legal mechanism by which a minor is freed from parental control and responsibility. In Pennsylvania, children are considered minors until they reach the age of majority at age 18, at which point they are considered adults who can make their own decisions and even enter into contracts. Pennsylvania custody courts recognize that once children reach the age of 18, they cannot dictate with whom a child will live. Even in the case of a child with special needs, child custody does not continue past the age of 18. A parent needs to petition the court for guardianship, not custody, if a child cannot live independently.
Support courts, on the other hand, add an additional element for a parent to be relieved of the duty to support the child. The child needs to have graduated from high school and turned 18 for child support to be discontinued. Child support obligations may continue beyond the child turning 18 and graduating high school under certain circumstances: if the child has special needs; if the parties agree that the child requires support beyond turning 18 and graduating from high school; or if arrears are owed.
Parents should note that child support obligations do not terminate automatically. If your child is due to turn 18 soon, be on the lookout for an Emancipation Inquiry from your local Domestic Relations office. Emancipation Inquiries are mailed to parents within six months of the child’s 18th birthday. It is critical for parents to complete the Emancipation Inquiry, especially when their child has special needs so that their child continues to receive support.
In cases where there are multiple children on the same support order, upon one child turning 18 and graduating high school, that child will be removed from the order. But it is important to note that the child support obligation will not decrease automatically. The payor will need to file to modify to reduce support. Payors should consult with an attorney before filing to modify to reduce their child support obligation in this scenario because if the Pennsylvania support guidelines change, or the payor parent has earned a substantial increase in income since the original child support order, their child support obligation could potentially increase.
If back support payments are owed once a child turns 18 and graduates from high school, the courts can order multiple arrangements. The child support payments may continue in the amount of the original order until the arrears are satisfied, or the courts can refuse to terminate the support obligation until the arrears are fully satisfied.
It is important to talk to an attorney anytime you have custody or support issues. We, at BLOOM PETERS, LLC are happy to discuss your situation with you.
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