Emancipation of a minor is a court procedure releasing an individual under 18 years old from parental control. After a minor is viewed in the eyes of the law as an adult, they can make decisions without consent of their parents. Emancipation also includes the minor making financial decisions involving financial support, food, and shelter.
The specific requirements vary by state. For example, a minor in California can be emancipated when they are 14 years old. In Texas, a minor must wait until they are at least 16 years old. However, there are some factors that are considered in all states:
The minor is considered an adult with all the rights and privileges an adult has. Also, the parents are no longer responsible for caring for the minor, such as providing adequate shelter and proper medical attention.
Yes. Although the minor is viewed as an adult, they still cannot:
No. In some states, a minor can also become emancipated in two other ways:
Yes. Emancipation can be revoked or canceled by court order. The minor is then placed back in the parents’ custody. Emancipation can be revoked when the minor:
Becoming emancipated is a long and difficult process, even though achieving emancipation may be completely worth it in the end. If you are considering filing for emancipation, you should contact a family law lawyer about the emancipation requirements for your state to understand more about the topic and to figure out what you need to do in order to meet those requirements.
Last Modified: 12-08-2015 10:13 AM PSTLaw Library Disclaimer
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