What is Child Emancipation?

There are situations where children under the age of 18 and aged 16 or over can be emancipated from parents or legal guardians. Emancipation comes with responsibilities and is a serious action that courts are often hesitant to approve unless situations have merit and the petitioner can demonstrate responsible behavioral and financial conduct.

Technically, emancipation is defined as the legal process by which children under age 18 assume the same responsibilities and legal rights as children age 18 or older. Emancipated children relinquish financial support from parents and their parents are no longer legally responsible for their conduct.

Examples of Privileges and Responsibilities of Emancipated Children:

Below is a list of some of the legal responsibilities incurred by legally emancipated children.

• Find, arrange and pay for a place to live.

• Pay for your food, clothing and other necessary staples.

• Make your own decisions regarding your education

• Make your own decisions regarding wedlock and parenthood.

• Make you own decision regarding joining the military.

• You may enter into your own legally binding contracts.

• You may buy and sell property.

• You may make your own medical treatment choices and assume financial respo0nsibiloity for these choices.

Basically, emancipated children are treated an as adults and viewed that way by the court system. Emancipation comes with responsibilities that courts are sometimes reluctant to allow children.

Who Qualifies for Emancipation

Not all children who decide to leave home will qualify for emancipation in the eyes of the court. Because emancipation is attached with responsibilities , the court will want to be sure the candidate can meet their responsibilities, physically, financially and socially. It is the responsibility of the youthful petitioner to demonstrate to the court the ability to take meet their obligations.

These characteristics can assist the petitioner achieve emancipation:

• The petitioner’s parents or guardian have physically or sexually abused the applicant.

• The petitioner is legally married and desires to have the same rights as an adult.

• The petitioner is financially independent, and wishes to enjoy the rights that come with financial independence.

• The petitioner’s parents or guardian have told the petitioner that he or she can no longer live with them.

• The home of the parent or guardian is morally repugnant.

• The petitioner’s parents or guardian have stolen the petitioner’s money.

Emancipation can be gained through the court with or without parental or guardian approval. However, the parent or guardian can object to the emancipation petition. Emancipation cannot be legally achieved without a court action and one or more hearings. The parents have the right to appear and state their case.

In most states and jurisdictions, the child will file a petition. The petition can also be filed by the parents of the child. The petition must be accompanied by an Affidavit that will cite the reasons the petition is being filed.

During the proceedings, the petitioner will have to demonstrate financial independence, verify employment and prove he or she has arranged for suitable housing. Filing fees vary between stets but usually fall in the range of $100 to $200.

Children considering filing for emancipation should seek legal advice before proceeding.