The emancipation of a minor ("divorce from parents") refers to a court process through which a minor child can become legally recognized as an independent adult. This severs the legal control parents or legal guardians have over the minor.
Through emancipation, a minor can take responsibility for their own welfare. Emancipated minors can make the major decisions that parents typically would handle. They can do this without first obtaining parental consent. Children seeking emancipation must show the court they can live independently and support themselves. FindLaw's emancipation section has details on emancipation laws and how a minor may become emancipated.
This section provides information on the emancipation process, from the basics of emancipation law and age restrictions to the rights and responsibilities that come with it. Some states have unique emancipation of minors laws listed in this section. There are also resources for parents of children seeking emancipation.
Benefits and Limitations of Emancipation
When minors are emancipated from their parents, they gain many legal rights and responsibilities of adults. They gain the ability to enter into binding contracts, like the purchase of a car or lease agreement, in their own name without parental consent. They also gain the ability to make their own education and medical decisions. They can enroll in military service. They can manage their own financial affairs. In the eyes of the law, the minor is free from parental control.
Emancipated minors can make their own decisions regarding healthcare, education, and employment, as well as the right to keep the money they earn. However, emancipated minors will also gain certain obligations. Examples include paying their own bills and taxes and being financially responsible for their own needs. They may also lose certain protections that minors have, such as free secondary education and enforcement of child labor laws.
Emancipation can provide certain benefits for parents, as well. Parents may voluntarily end financial support obligations for their children. They can also avoid legal liability for their child's actions. Most child support obligations will stop once the child is emancipated. Emancipation can also give parents a way to help their children gain independence.
Emancipation, however, does not make a minor an adult in every law. Even an emancipated minor will have to wait until they reach the age of majority before they have the right to vote, drink alcohol, or, in some states, get married. The age of majority is usually 18, depending on state law. Keep in mind that not every state provides the legal means for emancipation.
Legal Requirements for Emancipation
Emancipation is usually handled in your state's family court, juvenile court, or probate court. You will need to file an emancipation petition with the court. The legal requirements for emancipation and the process to obtain emancipation differ among the states. You will want to check your state's laws to see if you are eligible for emancipation.
Minimum ages must be attained before a court will grant emancipation. These vary depending on the state. Some set the age requirement as low as 14 and as high as 18 (where the age of majority is 19).
There might also be notification requirements for filing an emancipation petition. You may also need to pay a filing fee or other court costs. Pay attention to the information that is required for the emancipation petition filing. Check with your court's rules to ensure you are following them.
In most cases, a court will make a determination based on what it believes to be in the child's best interests. There are several different factors the court will consider to make this determination.
Procedure for Emancipation
In certain circumstances, emancipation is automatic. For example, once a minor is on active duty in the armed forces or gets married, they are considered legally emancipated. In all other cases, the minor must petition the court for emancipation.
Minors must prove financial independence, adequate living arrangements, and sufficient maturity. The court will consider these factors during the emancipation process. As noted above, the court will consider the minor's best interests when making an emancipation ruling.
Let's say the court finds emancipation is in a child's best interests. It would then grant the minor their petition for emancipation. The court will enter a declaration (order) of emancipation. The emancipated child will receive a certified copy of the court order of emancipation. This serves as proof of their legal status as an adult.
There are different private agencies and public assistance programs available to emancipated minors. These programs exist to aid the minor with their transition to independent living.
Legal Assistance for Emancipation
A qualified family attorney or a local legal aid office can provide more specific guidance regarding the local requirements and emancipation procedures. They can provide you with valuable legal help and legal services. Some states may also have self-help options.
Speak to an experienced family law attorney to get answers to your emancipation questions today.
