GRADS FALL TRAININGLiz McGrath, Executive Director

Pegasus Legal Services for Children

Topics

• Emancipation

• Undocumented Students

• Young Fathers: Paternity, Child Support and Timesharing

EMANCIPATION

Emancipation

A minor is emancipated if her or she:• Is married (must have parent’s consent)• Has joined the armed forces (must have parent’s consent to joint if under 18) or

• Has obtained an Order from the district court declaring the minor to be emancipated

NMSA §32A-21-3.

Emancipation by Declaration

• A Court may declare a minor emancipated if he or she is:

• 16 or older

• Willingly living apart from his or her parent or guardian

• Managing his or her own financial affairs.

• The Court must also find that emancipation is in the minor’s best interest.

Emancipation by Declaration

• Court may emancipate minor for specific purposes:

A.   consenting to medical, dental or psychiatric care without parental

consent, knowledge or liability;   

B.   his capacity to enter into a binding contract;

C.   his capacity to sue and be sued in his own name;

D.   his right to support by his parents;

Emancipation by Declaration

• Court may emancipate minor for specific purposes (cont’d):

E.   the rights of his parents to his earnings and to control him;

F.   establishing his own residence;

G.   buying or selling real property;

Emancipation by Declaration

• Court may emancipate minor for specific purposes (cont’d):

H.   ending all vicarious liability of the minor's parents, guardian or custodian for the minor's torts; provided that nothing in this section shall affect any liability of a parent, guardian, custodian, spouse or employer of a minor imposed by the Motor Vehicle Code [66-1-1 NMSA 1978] or any vicarious liability that arises from an agency relationship; or

I.   enrolling in any school or college.

Emancipation

• Effect of Emancipation at school:

• Can enroll self in school

• Can authorize own health care

• Can authorize participation in activities, sports, etc.

• Parent has no right to receive student information or be involved in decisionmaking

Emancipation

• Also…

• Emancipated minors can continue to receive the same public benefits as unemancipated minors

UNDOCUMENTED STUDENTSWith thanks to Jessica Martin of the New Mexico Immigrant Law Center

Undocumented Students

• The same right to attend public school as citizens.

• Schools cannot require immigration documents or social security numbers for enrollment.

• Schools cannot ask any immigration questions or “chill” enrollment.

What if a Parent/Youth Shares Immigration Information Voluntarily?

• Do not call immigration authorities.

• Do not tell others at school or in the community.

• Do support them as you would support other families and youth.

• Do offer information about immigration advocacy and service providers.

• Do not interfere with an active immigration investigation.

What About Access to Other Services?

• Vocational services may require social security numbers or employment authorization.

• Public benefits may require immigration documentation.

• States may require immigration documentation to obtain ID’s and driver's licenses.

What About Higher Education?

• Undocumented immigrants can apply to public colleges and universities, except for those in AL, GA and SC.

• TX, CA, NY, UT, IL, WA, NE, NM, OK, KS, MD, CT and RI (if attended 3 years of HS in the state) provide in-state tuition for resident undocumented immigrants.

Higher Education – Financial Aid

• Federal and most states (except NM and TX) financial aid require immigration documentation.

• Students who are US citizens or lawful permanent residents are eligible for aid, even if one or both parents are undocumented.• However, if the student or parents supply a fake or stolen social security number on the FAFSA, it will be rejected. Students should enter 000-00-0000 as their parent's social security number.

Longer Term Solutions

• Potential Paths to Legal Status

• It’s important for youth to start the process early.

• It’s important for youth and families to seek legal assistance!

Paths to Legal Status

• Basic Family Immigration• Violence Against Women Act (VAWA)• Special Immigrant Juvenile Status (SIJS)• U Visa – Crime Victims• T Visa – Sex and Human Trafficking• Asylum – Has suffered persecution in own country• Deferred Action for Childhood Arrivals (DACA)

• IT IS IMPORTANT THAT THEY CONSULT A LAWYER!!

New Mexico Immigrant Law Center

Phone Consultation Hours*:

Mondays 1:00-3:00 pm

(505) 247-1023

http://www.dmrs-ep.org

*Consultations are CONFIDENTIAL

YOUNG FATHERS

Young Fathers

• Establishing Paternity

• Child Support

• Timesharing

Paternity – Three Paths

• Acknowledgement of Paternity

• Petition to Establish Parentage - Self

• Petition to Determine Parent and Child Relationship - CSED

Acknowledgement of Paternity

• Form signed by both parties at birth or at any time thereafter*

• Notarized• Sent to Vital Records• Birth Certificate issues with both parents named

• Establishes father as legal parent

*It is not necessary to give a social security #

Petition to Establish Parentage

• Parentage, Custody, Timesharing and Child Support determined in same proceeding

• Filed by the parent in District Court• Filing fee ($100-140) can be waived• OP must be formally served• OP has thirty days to respond in writing• Court sets hearing

Petition to Establish Parentage

• Court Hearing:• Both parents agree

• Court issues order establishing paternity

• Order sent to Vital Records

• Vital Records issues new B.C.

Petition to Establish Parentage

• Court Hearing:• One parent denies

• Court orders DNA test• Cost of test may be split, or party in denial may have to pay

• If DNA test is positive Court issues order• Order sent to Vital Records• Vital Records issues new B.C.

Petition to Establish Parentage

• Custody & Timesharing• Parents may be sent to mediation

• Court will issue a “Parenting Plan”

• A detailed plan outlining custody and timesharing

• Parents can vary from plan if in agreement

• If no agreement Parenting Plan must be followed

• Important to have a comprehensive Parenting Plan, not piece-meal court orders

Petition to Determine Parent and Child Relationship – CSED

• Filed by Child Support Enforcement Division of NM

• Automatically filed if custodial parent receiving TANF benefits• Parent is required to cooperate with process

• Parent can request Child Support Services• CSED charges fees

Petition to Determine Parent and Child Relationship – CSED

• Establishes paternity (same process as under Petition to Establish Parentage)

• Establishes child support

• Does not establish custody or timesharing unless motion filed by parent

Child Support

• Will not be required until parent is 18

• Guidelines set by State law• Based on income and time spent with each parent

• Arrears can be assessed to date of birth

• If parent is unemployed court may “impute” income (minimum wage for young parents)

Child Support

• If parent does not pay court can require automatic withdrawal from parent’s paycheck

• Failure to pay can result in loss of driver’s license

• Failure to pay child support does not impact timesharing

Timesharing

• No standard approach to timesharing

• Generally:

• Courts prefer young children to have one primary home

• Infants/Toddlers should have frequent visits with other parent

• Overnights can start early

Young Fathers

• Fathers do have rights• Courts strongly prefer joint legal custody• Law does not prefer mothers (although courts sometimes do)

• Failure to pay child support does not affect right to timesharing

• Ignoring or evading child support can have serious consequences

Questions?

Liz McGrath, Executive DirectorPegasus Legal Services for Children

505-244-1101 ext. 223evmcgrath@pegasuslaw.org