Emancipation of minors
| Family law |
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| Family |
Emancipation of minors is a legal mechanism by which a person below the age of majority ("adulthood") gains certain rights, generally identical to those of adults. An emancipated minor is free of any authority from his or her parent or other legal guardian. The extension of these rights, as well as the remaining prohibitions, vary according to the jurisdiction.
In most countries of the world, adolescents below the legal age of majority may be emancipated somehow: through marriage, pregnancy, economic self-sufficiency, educational degree/diploma, or military service.
In some cases, parental consent is needed to achieve the "emancipated" status. In some cases, court permission is necessary. Protocols vary by jurisdiction.
Influence in other laws
The emancipation status may affect differently the working age, the voting age, the driving age, the age of consent and the age of criminal responsibility, among others.
When emancipation is obtained by marriage, the emancipation age is usually equivalent to the marriageable age.
Emancipation in the United States of America
In the United States, a person is a minor (and therefore under the control of their parent(s)/guardian(s)) until they attain the Age of Majority (18 years). However, in special circumstances, a minor can be freed from control by their guardian, before turning 18. In most states, the three circumstances in which a minor becomes emancipated are: (1) enlisting in the military [requires parent/guardian consent], (2) marrying [requires parent/guardian consent], (3) obtaining a court order from judge [obviously does not require parent/guardian consent].
Once a minor is emancipated, he/she is nearly equal to an adult, legally speaking. They are completely free from any control by their parent(s) or guardian(s).
Exact rights and responsibilities of emancipated minors vary by state. In most cases, an emancipated minor has the exact same rights and responsibilities as an adult, excluding the rights to purchase tobacco, pornography, lottery tickets, and firearms. Some (but not necessarily all) right of emancipated minors: emancipated minors can enter into contracts by themselves, sue and be sued in their own name, vote, obtain a drivers' license, seek medical care and consent to medical procedures, seek education or drop out of school, and hold a bank account. In most states, an emancipated minor will be tried as an adult if he/she is charged with a crime.
The exact laws and protocols for obtaining emancipation vary by state. In most states, the minor must file a petition with the family court in his/her jurisdiction, formally requesting emancipation and citing reasons why it is in his/her best interest to be emancipated. He/she must prove that he/she can support himself/herself financially. Many states require that the minor have been living separate from his/her parent(s)/guardian(s) for a period of time; however, that requires the consent of the parent(s)/guardian(s) in order to not classify simply as "running away".
If the childs parents are going through a divorce, and he/she does not want to live among the parents,the child can be emancipated right away.
Until an emancipation, or other legal mechanism, is granted by a court, a minor is still subject to the rules of their parent(s)/guardian(s).
Emancipations are rarely granted, because of the narrowness of the definition of "best interest". On one end of the spectrum are minors who have been victims of abuse; in most cases, the state's department of child services is notified and the child is placed in foster care. On the other end of the spectrum are minors who are seeking emancipation for superficial reasons, such as not being pleased with their parent's/guardian's rules. In those cases, the emancipation will most likely be denied.
In some states, free legal aid is available to minors seeking emancipation, through children's law centers. This can be very useful, in terms of creating a convincing emancipation petition.
See also
External Links
http://www.law.cornell.edu/topics/Table_Emancipation.htm <--has the emancipation statue(s) for all U.S. states which provide for emancipation.