{"id":351831,"date":"2016-04-04T11:02:35","date_gmt":"2016-04-04T16:02:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/emancipation-of-minors\/criteria-for-an-emancipation-ruling.html"},"modified":"2023-05-25T10:08:21","modified_gmt":"2023-05-25T15:08:21","slug":"criteria-for-an-emancipation-ruling","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/emancipation-of-minors\/criteria-for-an-emancipation-ruling.html","title":{"rendered":"Criteria for an Emancipation Ruling"},"content":{"rendered":"\n
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Criteria for an Emancipation Ruling<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Emancipation is the legal process through which a minor becomes a legal adult. Minors must meet their state’s eligibility criteria, which often includes a minimum age. The court will grant the petition if doing so is in the child’s best interest.<\/p>\n\n <\/div>\n\n

A minor has to meet certain requirements for the court to grant them emancipation<\/a>. After these requirements are met, the judge considers the "best interests<\/a>" of the child. This best interest concept is similar to the best interests considered in child custody cases<\/a>.<\/p>\r\n

The criteria for an emancipation ruling are discussed below.<\/p>\r\n

Preliminary Requirements for an Emancipation Proceeding<\/h2>\r\n

First, the child must meet the minimum age at which the state emancipation law<\/a> allows children to be emancipated. For example, the child must be at least 14 in California, 16 in Illinois, and 18 in Alabama where the age of majority is 19. Court proceedings, including emancipation, can be quite slow, so if you’re already only a few months from the age of majority, it may be better to just wait until you are of age.<\/p>\r\n

Also, the parents usually must be notified of the emancipation proceeding. Parents may object to the proceeding. In Illinois, if the minor objects to an emancipation proceeding, it ends the case without emancipation, whereas in Michigan a parent’s objection will only result in the court possibly dismissing the matter if that parent does not contribute financially.<\/p>\r\n

Best Interests of the Child<\/h2>\r\n

Before issuing an emancipation ruling, the court will decide what’s in the minor’s best interests. While these criteria vary by state, common factors include:<\/p>\r\n