GRADS FALL TRAINING Liz Mc Grath Executive Director

GRADS FALL TRAINING Liz Mc. Grath, 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 § 32 A-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 -11 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 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 Mc. Grath, Executive Director Pegasus Legal Services for Children 505 -244 -1101 ext. 223 evmcgrath@pegasuslaw. org