A few states and territories like Louisiana and Puerto Rico allow a fourth form of limited emancipation that requires only parental consent, not the court's permission. Emancipation by marriage. In most states, minors automatically achieve emancipation once they get married. But to get married, minors must comply with state marriage requirements. States set a minimum age for marriage and often require minors to get parental consent or court approval before getting married.
For example, to get married in California, a minor must 1 be at least 14 years old, 2 be accompanied by a parent or legal guardian, and 3 appear before the court. Emancipation by military enlistment. Minors can become emancipated by enlisting in the United States Armed Forces. But since military policies currently require enlistees to have a high school diploma or GED, most young people are at least 17 or 18 before they become emancipated through enlistment. Emancipation by court permission.
Some not all states allow emancipation by a court order. Usually, the minor must be at least 16 years old to do this—although, in California, minors as young as 14 may petition the court for emancipation. The court will grant emancipation if it believes that doing so will serve the young person's best interest. The court will evaluate many of the following factors when deciding whether to grant emancipation:.
Minors seeking emancipation through a court order must follow the petitioning procedures that state law sets out. Though the process varies from state to state, here's what the court procedure for filing an emancipation petition typically looks like:. The minor must fill out a petition or an attorney can fill it out on the minor's behalf. Usually, the petition includes an explanation of why the minor is seeking emancipation, information about the minor's current living situation, and evidence that the minor is or soon will be financially self-sufficient.
Notification of parents. In most states, minors must notify their parents or legal guardians that they filed the petition for emancipation—or explain to the court why they do not want to do so.
In most cases, the court schedules a hearing where the judge asks questions and hears evidence to decide whether emancipation is in the minor's best interest. Declaration of emancipation. If the court decides that it should order emancipation, it will issue a Declaration of Emancipation. The newly emancipated minor should keep copies of the declaration and give them to schools, doctors, landlords, and anyone else that would normally require parental consent before dealing with a minor.
There are many reasons why a young person might seek emancipation. Sometimes a minor is very wealthy a child actor, for example and seeks emancipation for financial and tax reasons. This manual has a lot of answers about emancipation for teenagers. Skip to main content Skip to topics menu Skip to topics menu. Cancel Print. Advanced Search. If you are emancipated, you will give up the right to be supported by your parents.
There are 3 ways to get emancipated: Get married You will need permission from your parents and the court. Join the armed forces You need permission from your parents, and the armed forces must accept you. Give the judge other information, too.
This will help the judge to decide if you are ready for emancipation. You can attach the following information to your Petition: A letter saying why you want emancipation A letter from LACY saying you understand what emancipation is and you are asking for it of your own free will.
Attach a copy of a pay stub, too. Copies of your rent receipts. File your court forms. Staple the items from Step 5 to your Petition. Make 3 copies of all your papers. Get a hearing date. After you take your papers to the clerk for filing, the clerk will ask the judge to sign the Order prescribing Notice on the back of the Petition first. The clerk will tell you when to come back to pick up your papers. Or, you can leave a self-addressed stamped envelope for the clerk to mail your copies.
After the judge signs your papers, the clerk will give you a hearing date and a case number. If you asked for a Fee Waiver see forms , above , the clerk will also let you know if you qualify. If you did not ask for a Fee Waiver, you have to pay the filing fee.
See Probate Fees in the local fee schedule. Your hearing will be in about 10 weeks. The clerk will keep your papers and give you stamped copies. Serve notice of the hearing.
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