129.130 - Decree of emancipation: Effect; petition to void decree. - Nevada Statutes

129.130  Decree of emancipation: Effect; petition to void decree.

      1.  If the court determines that the petition should be granted, it shall enter a decree of emancipation.

      2.  A decree so entered is conclusive and binding.

      3.  Such a decree emancipates the minor for all purposes and removes the disability of minority of the minor insofar as that disability may affect:

      (a) The incurring of indebtedness or contractual obligations of any kind;

      (b) The litigation and settlement of controversies;

      (c) The acquiring, encumbering and conveying of property or any interest therein;

      (d) The consenting to medical, dental or psychiatric care without parental consent, knowledge or liability;

      (e) The enrolling in any school or college; and

      (f) The establishment of the minor’s own residence.

Ê For these purposes, the minor shall be considered in law as an adult, and any obligation the minor incurs is enforceable by and against the minor without regard to his or her minority.

      4.  Unless otherwise provided by the decree, the obligation of support otherwise owed a minor by his or her parent or guardian is terminated by the entry of the decree.

      5.  Except as otherwise provided in this section, a decree of emancipation does not affect the status of the minor for any purpose, including the applicability of any provision of law which:

      (a) Prohibits the sale, purchase or consumption of intoxicating liquor to or by a person under the age of 21 years;

      (b) Prohibits gaming or employment in gaming by or of a person under the age of 21 years;

      (c) Restricts the ability to marry of a person under the age of 18 years;

      (d) Governs matters relating to referrals for delinquent acts or violations of NRS 392.040 to 392.125, inclusive, unless the minor has been certified for trial as an adult pursuant to title 5 of NRS; or

      (e) Imposes penalties or regulates conduct according to the age of any person.

      6.  A petition may be filed by any person or by any public agency to void a decree of emancipation on the following grounds:

      (a) The minor has become indigent and has insufficient means of support; or

      (b) The decree of emancipation was obtained by fraud, misrepresentation or the withholding of material information.

      7.  The voiding of any decree of emancipation must not alter any contractual obligations or rights or any property rights or interests which arose during the period that the decree was in effect.

      (Added to NRS by 1987, 1280; A 1991, 2180; 2003, 1117)

      NRS 129.140  Method not exclusive.  The method of emancipation of a minor provided for in NRS 129.080 to 129.130, inclusive, is in addition to and not in substitution of, any other method of emancipation provided by statute or common law.

      (Added to NRS by 1987, 1281)