Automatic Emancipation of Minors
Before a child reaches the legal age of majority, emancipation is most commonly achieved through a minor's successful petition in the proper state court. But, in many states, emancipation is not available through court petition but only through automatic emancipation.
When the word emancipation is used legally, it typically means that a minor child is free from parental control. Before children reach the age of legal competence, they are subject to the control and custody of their parents — parents even have a right to minors' earnings.
This article provides a brief overview of automatic emancipation.
Common Triggers for the Automatic Emancipation of Minors
About half of the states do not provide a special court procedure for emancipation, so emancipation can only be achieved automatically if a minor does one of the following:
- Gets married — Each state has a different minimum age before you can legally marry. In Michigan, for example, the minimum age without parental consent is 18, but a minor can marry at 16 (and perhaps even younger) with parental and judicial consent.
- Joins the armed forces — You must be 17 years of age to join military services, and if you are younger than 18, you need your parent's permission.
- Reaches the age of majority — The age of majority is 18 in most states, but this can also vary by state. By reaching the age of majority, the emancipation of a minor is automatic.
Remember that even if your state does provide a court procedure to become emancipated, you can still be emancipated automatically through one of the above options. You do not need a court order of emancipation in these scenarios.
If automatic emancipation occurs, you are no longer under parental control. The emancipated minor can make decisions on their own. The legal guardian is no longer responsible for the child's actions or well-being, and the child is no longer entitled to child support.
States with Unique Emancipation Regulations
In Alabama and Nebraska, the age of majority is 19. In Mississippi, majority is reached at 21, but court decree can grant emancipation at any age. Michigan allows for temporary, automatic emancipation when minors are 1) in police custody, 2) emergency medical care is required, and 3) the parent or guardian cannot promptly be located. The minors are considered emancipated and allowed to consent to such care. This emancipation ends when the medical care or treatment is completed, or the child is released from custody, whichever occurs first.
In some cases, partial emancipation may occur. This is where the child is only emancipated for specific purposes, like medical decision-making. Emancipation can also happen through self-help, where the child leaves home and supports themselves financially. Juvenile courts may also declare a child emancipated if they are deemed capable of making their own decisions. Case law about emancipation varies by state and can be complex.
Emancipation of Minors: Court Decrees
To pursue emancipation through a court decree, you can file for a declaration of emancipation without your parent's permission. You can contact a local or state legal aid organization if you need assistance with the process.
Each state has different regulations applicable to the process, and typically, there's a minimum age requirement. In California, emancipation petitions can be filed at the age of 14, and in Mississippi, there's no minimum age requirement. Remember that not all states allow a court to grant emancipation to a minor.
When a petition is heard, the court looks for criteria that show emancipation is in the best interests of the minor. The court considers whether you are:
- Able to prove you are financially self-supporting
- Living apart from your parents or have made other living arrangements
- Able to make decisions for yourself
- Attending school or have received a diploma or GED
- Mature enough to function as an adult
Ultimately, the court will consider whether emancipation is in the minor's best interests. If the child can't provide their own financial support and must rely on the minor's parents, for example, emancipation may not be in the minor's best interests.
What Are Your New Rights After Emancipation?
Once you've achieved emancipation, whether automatically or through a court decree, you'll generally have the right to, among other things:
- Live apart from your parents where you wish
- Handle your own financial affairs (keeping the money you earn)
- Enter into binding contracts or leases
- Be a party to a lawsuit
- Buy, sell, or inherit property
- Agree to medical treatment and make your own medical decisions
- Enroll in school or withdraw from high school
- Get married
These rights are still subject to the laws of your state, and minimum age requirements still apply to certain rights like the right to vote and get a driver's license.
Questions About the Automatic Emancipation of Minors? Contact a Family Law Attorney
It can be pretty difficult to know where to turn for helpful advice about becoming an emancipated minor, especially since the laws differ from state to state. Before pursuing this very serious legal process, which will give you the rights and responsibilities of an adult, consider contacting an attorney who can guide you through the process.
They can help provide you with valuable information about your legal rights and apply your state laws to your situation. They will give you helpful legal advice to guide you through the emancipation process.
Speak to a family law attorney today.
Can I Solve This on My Own or Do I Need an Attorney?
- Minor children can go through the court process without parental consent
- You may need legal help to understand local requirements and emancipation procedures
- An attorney or a local legal aid office can provide more specific guidance
Get tailored advice about seeking emancipation and ask a lawyer questions. Many attorneys offer free consultations.