How to leave home or get emancipated isn't just something that teenagers want to know. Parents and guardians also often have questions about the emancipation of minors and how it affects their legal obligations. That said, many an American teen has probably asked "Is it legal to move out as a 17-year-old?"
Most 17-year-olds who leave home do not think about laws and parental consent, at least not right away. But running away or couch hopping as a teen can be dangerous and land you in legal trouble. If the situation is appropriate, emancipation may be a better option. Below is some general legal information about how to get emancipated, what it means, and what's not considered the emancipation of a minor.
Running Away vs. Emancipation
Parents have the right to the care and custody of their children, so the law generally is that you can't go live with a friend or another family member without your parents' consent. To make your own decision on where to live, you would need to become emancipated.
Emancipation is a legal proceeding that, like a divorce, legally separates young people from their parents before they reach the legal age of majority in their state. After a court order gets you emancipated, parental consent is not required for anything. The court will determine whether you should be emancipated based on your best interests and other factors.
Running away without parental permission does nothing legally, even if you have a good reason for doing it and support yourself. Law enforcement can find you and bring you home if you run away. Also, remember that states may have compulsory education laws, meaning that if you drop out of high school without parental permission, you could face fines or community service (as could your legal guardians).
Emancipation Requirements
State law governs emancipation, so the details can vary depending on where you live. Generally, if you are looking to get emancipated, the requirements are:
- Age. Each state has a statute that dictates how old a child must be to get emancipated. For most states, the statutory age is 16, but it could be as young as 14.
- Maturity level. A court must generally confirm the child has enough adult-like maturity to be on their own.
- Financial independence. In general, children must prove they can support themselves to get emancipated. That's why the emancipation of minors is often associated with child celebrities who wish to keep greedy parents away from their money.
- Notice to parents/guardians. A child's legal guardians must be able to respond to the emancipation request and perhaps even oppose it.
- Automatic emancipation. In some states, the emancipation of a minor is automatic upon the child's legal marriage or upon joining the armed forces.
Emancipation Benefits
- Capacity to consent. Once a minor is emancipated, he or she can enter into contracts and dictate his or her own health-care choices, among other adult responsibilities.
- Some adult activities are still prohibited. Getting emancipated doesn’t change other laws. A 16 or 17-year-old still cannot vote or drink alcohol. Marriage may also be out of the question, depending on your state's laws.
What About Abuse?
Abused teens may feel forced to leave home for their health and safety regardless of laws. The good news is there are a lot of resources for abused teens. Your state's child protective services may get involved if it suspects abuse. If that happens, there is a legal process to determine whether parents should lose custody. In cases of abuse, CPS will find an alternative place for you to live, such as foster care, while the case is being resolved. It's also possible for a grandparent or other relative to look to get custody of you in this situation. Older teens may want to explore emancipation. However, emancipation is something to examine only once you have reached a safe place.
If you ran away because of abuse and CPS is not involved, what are your options? You may want to contact someone you trust, especially if that person is in a position to help, like a school counselor or teacher. If that doesn't feel like an option, you can call the National Runaway Safeline at 1-800-RUNAWAY for a completely confidential discussion about your options (you can even remain anonymous if you'd like).
Informal Arrangements
There are informal ways a teen can move out. Maybe it’s better to live with a grandparent while the parent(s) undergo substance abuse counseling, as just one example. However, living with a grandparent, family friend, or whoever else doesn’t mean the caretaker has legal custody or that the teen is emancipated. And your parents are still responsible for you legally and financially regardless of where you live.
Can Parents Kick Out Teens?
Parents and guardians are legally responsible for a child's necessary expenses, even if another adult verbally agrees to care for the minor. Just like with divorced parents, it doesn’t matter in the eyes of the law whether the teen lives in their parents’ home or not: a parent is always responsible for their children's upbringing and financial well-being until a court order says differently.
If your parent kicks you out, it’s important to know that the law still holds them responsible for your well-being until you turn 18.
What If I Have Questions?
Situations involving family law can be complicated. Emancipation is no different. Head to FindLaw's Emancipation of Minors section for more information on emancipation laws or to contact a local attorney.
Related Resources:
- Emancipation Laws (FindLaw's Learn About the Law)
- Can Parents Kick Teens out of Their Home? (FindLaw for Teens)
- Can a Teen Start Their Own Business? (FindLaw for Teens)
