GRADS FALL TRAINING Liz 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 [ 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 STUDENTS With 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 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) *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 ($ ) 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 Director Pegasus Legal Services for Children ext. 223