The terms "minor child" and "unemancipated child" are often used interchangeably, but they do have different legal meanings. The term "minor" according to Black's Law Diction means "an infant or person who is under the age of legal competence." In Massachusetts the "age of legal competence" is 18 years of age.

The confusion surrounds parental responsibilities for an "unemancipated child" over the age of 18. Black’s Law Dictionary states that emancipation may be "partial" and "frees the child...for some purposes and not others." Under Massachusetts General Laws Chapter 208 Section 28, parents have a duty to support children over the age of 18, but under the age of 21, if the child maintains a legal residence or domicile with a parent and is principally dependent upon the parent for support. Furthermore, if the child turns 21, but is under the age of 23, and still maintains a legal residence with a parent upon whom the child is principally dependent for support because the child is in an educational program (excluding a graduate program), then the parents may be ordered to provide support for the child. Bottom line: if your child is over the age of 18, you may have an obligation to provide child support until the child turns 23.

By the time a child turns 18, the Massachusetts courts no longer have any authority to issue orders relative to the child's custody, although the courts do have authority to enter orders relative to the child's support. At 18 years of age children have the right to decide for themselves where they maintain their legal residence or domicile. A legal residence is not necessarily the same as "current residence," so a child may live at school, but still maintain a legal residence with a parent.

Each state has its own definition of "majority" and "emancipation," so consult with legal counsel in your state before finalizing any child-related provisions.