The procedure for emancipation of a minor is established by the laws of the state in which the underage person lives. Only a few states have grounds and procedures for filing a petition of emancipation, the average filing and court fee is $250. All states that allow emancipation with the exception of Wisconsin, require the minor to be represented by legal counsel. Attorney fees average $800-$1000, depending upon whether or not the petition is contested, if contested legal costs can be considerably more. The minor must prove he or she is capable of conducting their personal and financial affairs and must be gainfully employed earning enough income to pay for food, shelter, medical care, transportation, education, and so forth. In most cases the parents must agree to the emancipation and in all states any interested party (parents, guardian, grandparents, counselors, law enforcement officers, etc.) have contestation rights. Emancipation decrees are rarely granted and the court reserves the right to rescind the right and place the minor into the care of the state at any time, for any reason, before the minor reaches the age of majority.
The state of Michigan as almost every state that allows emancipation of minors has very limited reasons for allowing a minor to be emancipated. Michigan Code Chapter 722 "Emancipation By Operation of Law,..." allows for the minor to be emancipated if he or she is legally married or on active duty with the military, both require parental or guardian consent. Also for the minor to receive routine or emergency nonsurgical care or preventive health care. It DOES NOT allow a minor to move out of the family home and live on their own. Emancipation of a minor is an act which is greatly misunderstood. The very few states that allow the procedure have such stringent requirements that emancipation is very rarely (if ever) allowed. As a general rule, emancipation is only granted to minors who are involved in such things as professional sports or the entertainment field. In addition an emancipation decree can be rescinded by the court at any time.
Missouri does not have an emancipation procedure for minors, nor does being pregnant confer emancipation upon a minor. If however, the pregnant minor is in need of public assistance such as Medicaid, the court can grant emancipation rights on a limited or complete basis depending upon the individual circumstances.
In Alabama, the age of majority is nineteen. The Alabama code describing the emancipation procedure is designed to expand the rights of minors over the age of 18 but under the age of majority. Parents can file an emancipation petition with the court or the minor seeking emancipation can file the petition if that minor has no parents or if a living parent is insane or has abandoned the minor. The court will then decide if a decree of emancipation is in the "interest of such minor."Section 30-3B-102 Definitions.(2) CHILD. An individual who has not attained 19 years of age.
Yes It depends on whether the minor voluntarily petitioned for and received an emancipation decree or the court ordered the minor to be emancipated for judicial reasons. If emancipation is achieved by self-help it indicates said minor provided evidence to the court that she was able to support herself without adult involvement, therefore, she would not be eligible for public assistance unless there are mitigating circumstances. If the court ordered emancipation the minor and her child have already been deemed eligible for public aid and she should contact the state's department of family services for information on the application procedure. Please be advised, being pregnant or having a child does not automatically confer emancipation.
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