Tag Archive for: rachel canning

Questions Arise: What is Constructive Abandonment in the Rachel Canning Case

iStock_000016363488SmallDevelopments in the Rachel Canning case continue to have New Jersey parents, and indeed, parents throughout the entire country, scratching their heads in bewilderment. The court has ordered both parties to provide trial briefs discussing “constructive emancipation” and “constructive abandonment.”

What do these terms mean? As we recently discussed, New Jersey courts haven’t generally used the term “constructive emancipation,” but courts in some other states, including New York, have. Looking at interpretations in those states, we can at least understand how Rachel Canning’s case hinges on whether or not she is emancipated (whether constructively or otherwise). Read more