Rights, Privileges, and Duties of Emancipation

A minor may be emancipated through a court process that allows the minor to become self-sufficient. Upon emancipation, the minor assumes adult responsibilities before reaching the age of majority. This is usually 18 years of age but varies by state. This also means that the emancipated child is no longer under the care of their parents.

Similarly, the parents are no longer expected to support the child in any way. This includes providing shelter, medical care, health care, or money. The minor no longer needs parental consent for binding contracts. Child support ends when a minor is emancipated.

Along with the freedom that emancipation may offer comes new rights, privileges, and duties of an adult world. This article discusses these aspects of emancipation.

A Brief Introduction to the Emancipation Process

Once given an emancipated status, minors have the same rights, privileges, and duties in society as adults. Depending on state law, emancipation can be automatic. This can happen if the minor joins the armed forces or gets married. Otherwise, minors must get the family court to grant their emancipation petition.

Parents may also file a petition for emancipation. The court will then determine if it's in the best interests of the minor to be emancipated. They will look at factors such as the minor's living situation, if the minor can support themselves financially, and the maturity level of the minor. But, each state's criteria may differ slightly, so a minor seeking emancipation should check their state resources.

Emancipated Minors' Rights

Once given an emancipated status, minors have the same rights, privileges, and duties in society as adults. Emancipation means that the minor is no longer under parental control or the control of a legal guardian.

The emancipated minor is a legal adult, with some exceptions. These exceptions include drinking alcohol and obtaining a driver's license. An emancipated minor can't quit school before age 16 since federal law requires minors to attend school until that age.

The Effects of Emancipation

In some cases, the effects of emancipation are also the requirements for emancipation to be granted. For example, emancipation allows minors to live away from their parents. 

Once the minor is emancipated, they can typically do the following (depending on state law):

• Live away from their parents
• Keep whatever money they earn
• Handle their own financial affairs
• Enter into binding contracts and leases
• Sue or be sued
• Buy or sell real estate
• Write a legally valid will
• Inherit property
• Enroll in high school, post-secondary school, or a vocational program
• Get married
• Agree to various types of medical treatment
• Make medical decisions without parental permission

Also, since the minor's parents are no longer legally obligated to support the emancipated minor, they are also not legally responsible for any of the minor's actions. Under normal circumstances, parents may be liable for a minor's negligent or wrongful acts. But an emancipated minor will be sued individually for their own actions.

Upon emancipation, the minor's parents will also no longer be bound by child custody arrangements. They will not be responsible for child support for their minor child.

Can Emancipated Minors Vote?

No, minors cannot vote until they reach the minimum age for voting in their state, even if they are emancipated. The emancipation of a minor doesn’t prematurely grant the age-based rights of an adult, such as owning firearms or buying alcohol.

Some state laws grant an exception for voting in primary elections. For example, a 17-year-old may vote in a primary election if they will turn 18 before the next general election.

State laws vary in other aspects of voter registration and eligibility. Minors can still preregister to vote as young as 16 years old in some states and the District of Columbia. Other states set a higher minimum age.

Do Emancipated Minors Pay Taxes?

Yes, you are responsible for paying your taxes as an emancipated minor. This responsibility includes filing a tax return if you have reportable income. Like adults, emancipated minors are liable for their unpaid tax debt.

There may be unique circumstances for the tax year in which the court granted emancipation. Some scenarios raise questions about whether a parent could still claim them as a dependent for tax credits that year.

For example, a minor lived with a parent who provided at least half of their financial support, excluding scholarships, for part of the year. Then, the minor found new living arrangements and got a declaration of emancipation. They became financially independent for the rest of the year.

The Internal Revenue Service (IRS) considers a minor to be no longer living with a parent after emancipation. This means the minor might no longer meet the qualifying child residency test. Yet, the timing of emancipation matters.

If the parent supported the minor for more than half the year before emancipation, they might qualify as a custodial parent. The parent could likely claim the emancipated minor as a dependent in their tax return if they meet all other criteria. If so, this claim can also affect the minor’s tax return.

Filing taxes for the first time can be challenging. It can be especially confusing if you have a complex family or financial situation. Emancipated minors may want to get help with taxes from a professional, such as a tax lawyer or legal aid organization.

Talk to an Expert About the Rights, Privileges, and Duties of Emancipation

Whether you want to become legally emancipated or have questions about the process, it's often helpful to discuss these issues with a family law attorney. A lawyer can help you determine eligibility and provide sound legal advice. They can help you get your emancipation court order.

A lawyer can guide you on how the rights, privileges, and responsibilities of emancipation apply to you. They can tell you about parental rights and outline the legal duties of emancipation.

Consider speaking with a family law attorney in your area to learn more.