Minor children (under the age of 18) are generally subject to the control and decision-making of their parents or legal guardians until they reach the age of majority (generally 18-19). This means that minor children are not able to override the decisions of their parents on life matters such as where the child lives, whether the child can leave the house on Friday night, whether the child can get married, and whether the child can work outside the home. And the law does not consider minor children able to enter into legally enforceable contracts.
But many states allow for a minor child to become emancipated and assume the responsibilities of adulthood under limited circumstances—usually beginning at age 16-17. Minor emancipation laws vary from state to state, and the process is usually initiated by filing a lawsuit “to remove the disabilities of minority.”
In New Mexico, the age of majority is 18, at which point individuals are considered adults for most legal purposes and are no longer under the control of their parents or guardians. Until they reach this age, minors are generally unable to make certain legal decisions for themselves, such as where to live, whether to marry, or entering into contracts. However, New Mexico does provide a legal process for the emancipation of minors, which allows them to assume adult responsibilities before reaching the age of majority. Emancipation can be granted to minors who are at least 16 years old, and it typically requires the minor to demonstrate financial independence and the ability to make responsible decisions. The process involves filing a petition with the court, and the court must find that emancipation is in the best interest of the minor. Once emancipated, a minor has many of the rights and responsibilities of an adult, including the ability to enter into contracts and make decisions about employment and residence.