Emancipation and Ages for Moving Out
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Under what terms will a judge grant emancipation to a 16-year-old?

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2006-08-30 22:46:51
2006-08-30 22:46:51

Very few US states allow the emancipation of a minor. Those that do establish laws regulating the act, that being the case each state differs to a certain degree. In some states the minor must have parental permission to file an emancipation petition. In all states that allow the act parents have the right to contest it. Basically the minor must prove to the court that they are gainfully employed and are able to provide themselves with shelter, food, clothing, medical care, education, etc. This does not mean moving in with a friend, a significant other or a relative or using financial public assistance. The minor must also file the petition themselves and pay all court costs and attributing fees. The minor must prove to the satisfaction of the court that they can handle their personal and financial affairs without the need for adult intervention. Put that together with the fact that minors cannot enter into legal contracts. They cannot drop out of school without parental permission. That being the case they could not rent an apartment, buy a car, have utilities (electricity, gas, phone, etc.) installed and so forth and then you should get an idea of just where the petition will end up.

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Related Questions


Go in front of a judge and request emancipation.

If you are a minor and pregnant that doesn't give emancipation. To be emancipated you need to prove you can support yourself and the baby before a judge. The judge will listen and ask questions to determine income and other factors and grant emancipation or not.

Depends upon the state and what the judge thinks of the situation. If the parents are against it, the judge may still grant emancipation. Or the judge may send the juvenile to a group or foster home.

It is difficult to get out of DSS custody until you are over age eighteen. It is possible sometimes to have a judge grant a minor emancipation.

Emancipation is at the discretion of court. The younger you are the less likely the judge will grant an emancipation order. If the child lives in an abusive situation he may be removed from the home and placed in foster care.

No. The minimum age for emancipation in the few US states that allow the action is 16. In no state would a judge grant emancipation to a minor on the grounds that he or she did not get along with their parents.

You have to go through a judge at your county court to apply and attempt the emancipation process.

Differs from state to state but usually 16-18. Those under that and legally monors need an emancipation order from a judge or parents have to voluntarily sign away rights.

No, obtaining a GED does not emancipate you. It may be a factor considered by the judge. And in most cases you cannot take the GED until you reach 18.

You don't get emancipated with parental consent the judge decides if you are emancipated or not... * Illinois 'emancipation of mature minors act' states: "No order of complete or partial emancipation may be entered under this Act if there is any objection by the minor, his parents or guardian"

Emancipation is up to the judge. If you can show a clear ability to support yourself and show a reason why you want to be on your own, the judge may grant it. In the few cases I have seen, the judge will grant emancipation where a minor has a criminal complaint, or civil complaint against the parents or foster home. Usually an abusive environment is always cause. Other causes are the minor's desire and ability to follow a career path or educational path that requires relocation. Sometimes one wants to go to a different school. If the parents are OK with that and are willing to provide support, the judge may accept that as well. Usually a minor as young as 14 can file for emancipation. Try this link: http://www.in.gov/legislative/ic/code/title31/ar35/ The link has the articles regarding emancipation of a minor in Indiana. For a general link for all laws regarding emancipation, start here: http://topics.law.cornell.edu/wex/table_emancipation

It depends on the state and the situation. If you are being abused, they will probably place you in foster care to keep you safe and properly taken care of.

A 16 year old female does not need parental permission to get emancipated in the state of Oklahoma. The minor will have to hire their own attorney and have a judge grant the emancipation.

I am not sure about marriage, but you would just request emancipation from a judge. I am not sure about marriage, but you would just request emancipation from a judge. YOu

It is called emancipation and is done by a judge in court.

There is no definitive answer to the question, as many states do not have emancipation of minor procedures, others grant emancipation only when it concerns specific health or custodial issues. Those states which have established laws for the process adjudicate cases on individual merit. There are not laws in any state which mandate the emancipation of a minor to be granted without reservations or disallow the decision to be made at the complete discretion of the presiding judge.

It designates that there are not laws that specifically address early emancipation pertaining to minors, therefore a minor may not directly petition the court for a emancipation decree. However, under the juvenile code a person who is at least seventeen (17) is considered an "adult". This stipulation allows a judge the option of granting emancipation rights to someone who is at least seventeen, if the circumstances warrant such action.

The defendant has the right to appeals and habeas corpus petition. Also, a judge can grant a motion for a judgment not withstanding the verdict in which the judge substitutes her own ruling.

It is not covered in the law. Arizona is one of the few states that does not grant 'emancipation' and if the child is under 18 either they, or the parent, would have to petition the court for a change of primary guardian. It MAY not be granted since the judge originally probably had good reason for making his decision in the first place.

Yes, but it is not automatic, but rather must be granted by a judge after he or she reviews the case. A big myth is that emancipation is some sort of legalized "running away," but this is not true. In Maryland, minors themselves cannot initiate the emancipation process. They must have some kind of entity do it for them, including their own parent in the case of mutually agreed-upon emancipation (that is, the parent is consenting to the emancipation). It can also be initiated by child protective services if the minor is being abused or neglected. Judges will not grant emancipation to a minor who does not have a place to live and stable income, and will also consider other factors.

You have to petition the court for emancipation. The requirements vary from state to state, and some states don't allow emancipation. See the laws for the specific state as to what the petition requires.

Lou Grant - 1977 Judge 1-9 was released on: USA: 15 November 1977

You can ask a judge for emancipation, but you will probably be denied emancipation because you have no income.

No if you turn in your emancipation and give the judge enough reasons of why you should be emancipated. After that its all on the court to decide.


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