How can a parent emancipate from child?

Answer 1

First of all they have to be in a jurisdiction that allows emancipation. Then you apply to the court and show how you can take care and support yourself.

Answer 2

I have been reading so many posts where minors want to be emancipated from their parents and although a small percentage of parents don't deserve to have children, I just don't get it this sudden urge from minors wanting to be on their own so quickly!

If children think they can live at home and not like some simple rules of the house such as:

chores (dishes, keeping your room clean) if mom/dad are working and need dinner started babysitting younger siblings helping out by getting a part-time job being home at a designated time asking who you are going out with and where you are going having your date come to door instead of sitting out in his car honking

These are such simple rules and done out of love and protection for children. If you think those few rules are tough wait until you get out in the real world!

Want to emancipate from your parents. This is from "Legal Aid" and this is what will happen to you:

Emanicipation is a child's release from the custody and control of his/her parents or guardian. Emancipation occurs by law at 18, but a Special Emancipation Order can be issued for minors between ages 16 and 18. This order allows minors to live independently from their parents, and to exercise greater control over their own lives.

Problems that can occur siwht a Special Emancipation Order are that some minors who live apart from their parents or legal guardians find themselves caught in difficult legal situations. Unlicensed shelters or homes, which house minors, may risk criminal penalties if they do not notify parents of the whereabout of their child. Police, judges, or other officials may force minors to return home against their wishes or to accept placement in a shelter or foster home. Landlords may refuse to lease to minors, and some government agencies may deny benefits or services to minors who do not have their parent's consent. An emanicipation order may help a minor avoid some of these legal problems.

BEFORE YOU GET TOO EXCITED READ ON ..........

IF YOU BECOME EMANCIPATED FROM YOUR PARENTS OR GUARDIAN your parents can no longer decide where you will live, go to school, or work. They can no longer discipline you or make you work or give them any money you earn. AT THE SAME TIME, HOWEVER, THEY MAY ALSO NOT HAVE TO PROVIDE ANY FINANCIAL SUPPORT.

SO YOU STILL WANT TO GO FOR IT ....GOOD LUCK .... YOU'RE GOING TO NEED IT!

Emancipation is NOT an option for every adolescent. When every adolescent automatically becomes emancipated at age 18, only "mature" minors, between the ages of 16 and 18 can become legally emancipated before their 18th birthday. To become emancipated, minors must have proven that they can manage their own affairs and already have lived wholly or partially independently from their parents. In addition, their parents must not object to the emancipation.

WHO SHOULD SEEK EMANICIPATION AND WHO SHOULDN'T? Problems getting housing because of your age or legal status Educational barriers due solely to your age or legal status Inability to enter into contracts because of your age

Minors who need continuing financial support from their parents, minors who will not be able to support themselves financially, and minors who have no special need for emancipation should NOT consider it.

To get an emanicpation order under the "Emancipation of Mature Minors Act" you must file a case in court and then convince the judge that you are a "mature" minor. You may find it difficult to get the judge to order that you be emancipated if:

Your parents object to your emancipation

You are seeking emancipation in order to qualify for public aid and have no income

You cannot prove you are mature

You still live with you parents and are wholly supported by them

HOW CAN I PROVE I'M MATURE?" You'll need evidence of your maturity from witnesses (friends, teachers, counselors, employers, or other adults who can say that you are mature), including yourself! How you act in court and your reasons for seeking emancipation will also make a big difference in whether the judge decides you are mature.

IF I RUN AWAY FROM HOME WILL THAT HELP ME BE EMANCIPATED? No!!!! While most emancipated minors do live away from home, it is best if they are living in a stable location such as with friends, relatives or in their own apartments - before they seek an emancipation order. Don't forget, if you are a minor this is almost impossible!

HOW LONG WILL IT TAKE TO BECOME EMANCIPATED? You should allow at least 2 months for court processing time before your petition for emancipation will be ruled on by the court. Unless you can get a special court order first, you will have to give 3 weeks' notice to your parents that you are seeking emancipation.

The above is true and off "Legal Aid Documents" and if you think it looks easy on paper, wait until you get into it and see how difficult it can be.

Unless you are mentally, sexually or physically abused there is no reason to leave home. If your parents argue too much then try sitting down and discussing this with them if possible. If they won't listen see if you can't be placed with grandparents, aunts/uncles, etc. Trust me, being emancipated is not a lot of fun. You risk being a "Ward of the Court" and falling through the cracks of the system.

Just in case ... if anyone thinks they can make up a story of beatings or sexual abuse think again. There is a little more to it than that and there are trained police to catch the real thing or lies and they do it well!!!!

I hope that any young person reading this post and considering emancipation only because you don't like some of the rules of the house will think twice about it. If you want to be treated like a mature person then act like it! Take on responsibility such as helping around the house, a part-time job, getting good grades. That's maturity!

The Facts About Emancipation

What is "emancipation"?

Emancipation allows youth to be freed from the custody and control of their parents and to have many of the rights and responsibilities of an adult.

How do I get emancipated?

There are three ways a minor may become emancipated:

1) get married;

2) join the military; or

3) go to court and have the judge declare you emancipated.

Do I need my parents' consent to get emancipated?

Generally, yes. Minors, whether emancipated already or not, need parental consent and a judge's consent to get married. Likewise, a minor needs parental consent to join the military. To be emancipated by a judge, a minor must give his/her parent(s) notice of the court hearing, and the parent(s) may go to court to contest the emancipation. What are the requirements for a judicial declaration of emancipation?

* You must be at least fourteen years old.

* You must be living apart from your parents with their consent or acquiescence.

* You must be managing your finances and have a legal source of income.

* The judge must find that emancipation is in your best interests.

* The judge also wants to see that you are in school or have a GED.

What are the new rights that I get if I become emancipated?

* Live where you choose.

* Sign binding contracts.

* Bring a law suit.

* Keep your own earnings.

* Get a work permit without parental consent.

* Enroll yourself in school.

* Consent to your own medical, dental, and psychiatric care.

* Stay out as late as you want.

What are the new responsibilities I will have if I get emancipated?

* Support yourself financially.

* Get your own medical insurance.

* Pay all of your own bills.

What things won't change when I get emancipated?

* You must go to school until you graduate or turn eighteen.

* You cannot work as many hours as you want � child labor laws and work permit rules must be followed.

* You cannot get married without the consent of your parents.

* You cannot have sex � statutory rape laws make it illegal for anyone to have sex with a minor (the only time a minor can have legal sex is if s/he is married and s/he has sex with his/her spouse).

* You could be tried as an adult, in certain cases, if you commit a crime.

* You cannot drink alcohol until you turn twenty-one.

* You cannot vote until you turn eighteen.

Can my parents get me emancipated?

No. Emancipation is meant to be a positive step for a minor, not a way for parents to get out of their parental responsibilities.

Once I get emancipated, is it forever?

Not always. If you were emancipated through marriage you will still be emancipated even if you later divorce. However, the District Attorney's office may petition to have any minor's emancipation taken away if your main source of income is welfare. It is possible for the judge to take away your emancipation if you are not able to support yourself without public benefits. If the emancipation is taken away, the District Attorney may try to make your parents pay back the welfare money that was paid to you while you were emancipated.

How can I get help with emancipation?

Emancipation is a major decision and requires careful thought and planning. If you would like to discuss all of your options, including emancipation, you can call Legal Services for Children.

Only 12 U.S. states allow a minor to petition the court for emancipation rights.

The minimum age in all states as of 2004 for emancipation of a minor is 16 years.

The only state that allows total self-help emancipation is Wisconsin.

You have to go to court to get it.

Answer 3

The laws vary by state, and not all states have emancipation laws. In the states without emancipation laws, the only way to become emancipated is by (1) turning 18 (2) getting (legally) married (3) joining the military (which minors have to have parental consent to do). In the states that do have emancipation laws: generally, you petition the court for a declaration of emancipation. You have to prove that you are capable of supporting yourself (and that means of support can not be public assistance). You also have to prove that it's in your best interest to be emancipated. That's not always an easy thing to do. The courts generally don't like to override the authority of parents, so you would have really prove your case. The courts then decide rather to grant or deny your petition. It is not a quick and easy process.

I was emancipated and I didn't think it was that hard, I did have a good reason for wanting to be emancipated, i was physically abused by a sibling, I went to the court house and asked a few ?'s and they were very helpful, on my court day I had pictures of bruises and proof that I had a job, was still in school and had found a safe and stable resident, it will help if you bring whom ever you are staying with to verify what you say and to let the court know that you can countinue living there.

I took my daughter with me in New York to get emancipated. She was married, had a baby, and was working getting 8.25/hour. It was rather easy, she was willing to request for this emancipation. You must prove that partied are in agreement for tihs and it is in the intersest of the child to get this done and hopefully they will fly away.

Answer 4

If you live in a state that allows emancipation you will need to go before a judge and prove that your situation will be improved by becoming emancipated - you will need to have proof of income, a steady job, be attending classes towards your high school diploma and usually permission from one or both of your parents.

Answer 5

A parent does not become emancipated from their children. A child can become emancipated from a parent under certain circumstances. A parent can lose custody of a child if a court finds that they are not fit to parent. Generally, this would be based on a finding of abuse, neglect or abandonment.