Teenagers Can "Divorce" Parents and Become Emancipated?

Answer 1

After a certain age, parents and their offspring are not always a good fit, or the child needs to venture out on their own - at least that's what they tend to think. When this situation occurs, there are recourses children can take to "divorce" their parents; they can choose to become emancipated.

The word “emancipation” means to become free from the control or restraint of another. It is one method children can use to “divorce” their parents by becoming emancipated. In the context of emancipated minors, emancipation is a legal procedure whereby children become legally responsible for themselves and their parents are no longer responsible. Emancipated children are freed from parental custody and control and are adults for most legal purposes.

Although the process can be difficult, it is possible for a child or a teenager to seek legal emancipation and be declared an adult before age 18. In order to become emancipated, a minor must:

• Be of a certain minimum age or older.
• Convince a judge he or she has a place to live.
• Have sufficient money and income to be self-supporting, that does not come from any illegal activity.
• Emancipation would not be contrary to the minor's best interests; it is good for them.

But since minors are not permitted to sign legally binding contracts such as rental agreements, proving such self-sufficiency can be difficult. Emancipation does not require any proof of abuse or neglect by the parents. It can be granted for educational purposes, if a teenager is starting college early and wants to rent an apartment. Many young actors and musicians who are not fighting with their parents over money seek emancipation in order to avoid strict child labor laws. Emancipation laws vary from state to state. Some states have no age restrictions, while others set the age from 14 to 17. Some states also require parental consent or acquiescence (an agreement indicating acceptance of a condition by both parties involved or a lack of objection signifying permission. ), which may be demonstrated by circumstantial evidence (proof of facts offered as evidence from which other facts are to be inferred). Emancipation is typically automatic when a teenager marries or joins the military; however, emancipation does not override age restrictions for getting married. Some states require the emancipated teen to undergo counseling with an appointed advisor.

Child support is another factor to consider when deciding to allow a child to become emancipated . Sometimes the emancipation of a child ends the obligation of a divorced parent to pay child support. When a child reaches the age of emancipation, the duty of a parent for child support often ends. However, the age of emancipation varies by state. Also, a parent may be obligated to support a child for a longer period, such as through college, under a divorce decree. Emancipation will not relieve a parent from obligations to pay past due child support amounts.

An emancipated minor is entitled to make almost all medical, dental, and psychiatric care decisions, enter into a contract, sue and be sued, make a will, buy or sell property, and apply for a work permit without parental consent. The emancipated minor is obligated to self-support but must also follow state laws regarding such requirements as compulsory school attendance. Federal age rules relating to actions such as selective service registration, and voting rights do not change simply because a minor is emancipated.

So before a teenager is allowed to stomp off and declare themselves an emancipated minor, be certain to check all the requirements and consequences as it pertains to your locale.

As always in closing, the legal post you read here are guidelines and are not all inclusive - as laws vary from state to state. Please consult with a legal profession, when necessary.

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