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Emancipation Procedure

Any minor child who wants to be emancipated from their parents or legal guardians must file a petition. This must be done with the proper state court.

Usually, the court is the juvenile court or probate court. A juvenile court may also be a part of a family court. Which court has jurisdiction varies from state to state, so you should check in your state.

The petitioner must also meet the criteria for emancipation. This typically corresponds with the minor's best interests.

For example, the court might require minors to be able to support themselves with their own money to approve emancipation. The court may ask for proof of the source of income and ask the minor about their financial affairs.

This article includes an overview of the minor emancipation procedure. You will also find information about:

  • The legal effects of emancipation
  • An explanation of the so-called "automatic emancipation"
  • A state-by-state directory of minor emancipation forms available for purchase

Emancipation Court Procedure: The Basics

Requirements for emancipation differ by state. In some states, no court procedure is available for minor children to seek emancipation.

States that do provide emancipation, however, share some similar procedural requirements.

Proof of Age and Residency

Minors petitioning for emancipation from parental control and care must prove their age. They might do this by providing the court with their birth certificate.

They must prove their residency in the state where the petition is filed. Depending on the court, there may also be a filing fee.

Most states require minors to be under the age of majority (typically 18 in most states). Once a minor reaches the age of majority, they are "automatically emancipated."

Reason for Legal Emancipation

The minor must provide a reason for seeking emancipation. The parents must generally be given a notice of hearing.

Parents may object to the emancipation of a minor. But, parental consent is not needed for a declaration of emancipation.

For example, if a parent objects to an emancipation proceeding in Illinois, the case is terminated without emancipation. In Michigan, a parent's objection does not automatically terminate a proceeding. However, it is taken into consideration.

Proof of Income and Support

The petitioning minor child must show the court they are mature enough to care for themselves. They must establish they can support themselves financially with their own money.

They must also prove they can provide for their own shelter and make appropriate decisions for themselves. States may require minors to support themselves and live totally or partially independently before petitioning for emancipation.

Most state emancipation statutes exclude the following when considering a minor's ability to support themselves:

  • State financial support
  • General assistance
  • General relief programs
  • Welfare

The court also engages in a broader examination to determine whether emancipation is in the best interests of the minor.

This standard is similar to the standard used in child custody cases. If the court decides emancipation is in the best interest of the minor, the court will grant the petition. This means that the court will enter a declaration of emancipation.

Criteria for an Emancipation Ruling

Although criteria for granting emancipation vary by state, courts are commonly concerned about the minor child being able to:

  • Support themselves financially currently or in the future
  • Maintain financial security without receiving income from crime or welfare
  • Live apart from their parents now or in the future
  • Make adequate living arrangements for future housing if emancipation is granted
  • Live without any dependency on parents or adults
  • Make decisions for themselves
  • Provide evidence of their good decision-making skills
  • Maintain emotional maturity to function as an adult
  • Attend school or already have a high school diploma
  • Support their own medical care or health care

Pregnancy and Emancipated Minors

In cases where a pregnant minor is seeking emancipation, the court examines whether they plan to be a single parent or wed the biological parent. A marriage would result in automatic emancipation in most circumstances.

How a Lawyer Can Help with Emancipation

Emancipation is a legal process. Whether you are a minor child seeking emancipation or a parent seeking to prevent emancipation, you will want to consider speaking to a lawyer.

family law attorney can give you legal advice with your situation in mind. Contact a family law attorney and inquire about their legal services today.

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