Minor emancipation is the act of setting a teenager free from parental authority, and allowing the parents to remove the responsibility to care for and provide for their child when he or she reaches a certain age. According to the law, parents are no longer legally required to provide for their children once the child reaches the age of 18. This means that the individual is a legal adult who can take on his or her own financial responsibility. In some cases, a teenager may be able to receive emancipation as a minor before the age of 18.
These cases normally crop up when a parent is abusive, or when parents are getting a divorce and the teenager would prefer to be self-sustaining then need to move in with one parent or another parent. While a teen may be emancipated, this does not normally give him or her all the rights of an adult. Most state laws will still require that emancipated minors attend school, steer clear of purchasing alcohol, wait to vote until they turn 18, wait to get a driver's license until they reach a legal age, and wait to marry until 18 unless given parental permission.
Most of the time, an emancipated minor does have the right ot enter into legally binding contracts and can make real estate purchases or apartment rental contracts. The emancipated minor can also make his or her own healthcare decisions including choices related to abortion and taking birth control. Individuals can also sue or be sued in court, and can enroll in the school of his or her choice without parental approval or opinion. An emancipated minor can also apply for a work permit and keep any income that is earned form a job. The parents no longer have any access or right to this income.
Essentially, a guardian has no say over a minor's life when that minor is emancipated. This means that the teenager is permitted to live on his or her own. Most of the time, parents are not required to provide shelter, food, or clothing to an emancipated minor, but the minor will not have to adhere to any divorce settlements regarding custody. When a teenager is mature enough to handle emancipation, he or she may opt for this process over moving in with one parent.
In some states, emancipation is recognized when certain actions take place. For example, if a child gets married, then this is automatic emancipation. In most states there is a minimum age for marriage and minors will need parental consent or court approval before they wed if they are under that legal age. For example, in the state of California a teenager can get married at the age of 14 with parental consent and a court appointment.
Also, individuals can receive emancipation if it is by military enlistment, or by court permission. The court will normally allow emancipation of a minor if that minor can be financially self-sufficient, and is currently living apart for parents or guardians. Also, if the minor is sufficiently mature to make decisions and function as an adult or is going to school or has received a high school diploma, then the court may grant that minor emancipation.
Most of the time minors can receive emancipation after filing a petition and notifying parents or guardians that the petition was filed. They will probably have to attend a hearing and then receive a declaration of emancipation form the court in order to make things official. If you want more information about emancipation of minors or are considering filing then you need to talk to a local family attorney today!