An unmarried child does not become emancipated as a matter of law by giving birth, the Appeals Court held in a case of first impression. The trial court had granted summary judgment for the father, holding that the child was emancipated because “she has a child, receives child support [for him], and has a family of her own.” The Appeals Court pointed out that there were disputed facts that made such a judgment inappropriate – chief among them, whether the child was a full-time student and whether the child was still principally dependent on her mother for support. In other words: for questions about emancipation, look to the statute, G.L. c.208 §28. LaBrecque v. Parsons, 74 Mass.App.Ct. 766 (August 4, 2009).The Greater Boston metro family law lawyers and estate planning attorneys at the Wellesley, MA law firm of Fields and Dennis serve the Greater Boston region including Allston, Arlington, Boston, Brighton, Brookline, Chestnut Hill, Concord, Dedham, Dover, Lexington, Natick, Needham, Newton, Waltham, Watertown, Wayland, Wellesley, Weston, Westwood, and all Massachusetts.
You are here: / / Child Who Becomes Parent Not Emancipated