Usually, the petition includes an explanation of why the minor is seeking emancipation, information about the minor's current living situation, and evidence that the minor is or soon will be financially self-sufficient. Notification of parents. In most states, minors must notify their parents or legal guardians that they filed the petition for emancipation—or explain to the court why they do not want to do so.
In most cases, the court schedules a hearing where the judge asks questions and hears evidence to decide whether emancipation is in the minor's best interest. Declaration of emancipation. If the court decides that it should order emancipation, it will issue a Declaration of Emancipation. The newly emancipated minor should keep copies of the declaration and give them to schools, doctors, landlords, and anyone else that would normally require parental consent before dealing with a minor.
There are many reasons why a young person might seek emancipation. Sometimes a minor is very wealthy a child actor, for example and seeks emancipation for financial and tax reasons. Some young people suffer from physical or mental abuse and want to get away from a bad home environment. Other minors feel that they cannot get along with their parents or guardians. Emancipation is just one option in these situations. If emancipation isn't appropriate, minors may find the following alternatives helpful:.
Emancipation comes with most of the responsibilities and liabilities of being an adult. If you are emancipated—or are considering emancipation—get educated about the law and how it will affect your daily life. For more information, Nolo's Encyclopedia of Everyday Law by the editors of Nolo includes answers to some of the most frequently asked questions about the law.
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Talk to a Lawyer. Grow Your Legal Practice. Meet the Editors. Emancipation of Minors. Learn what it means to be emancipated and how a child can become emancipated.
What Is Emancipation? Although specific rights vary somewhat from state to state, usually an emancipated minor can: enter into legally binding contracts, including real estate purchases or apartment rentals live apart from parents enroll in the school sue or be sued in court apply for a work permit and keep any income earned from a job, and make healthcare decisions, including choices related to abortion and birth control.
Get a declaration of emancipation from a judge To get a declaration of emancipation, you have to prove ALL of these things: You are at least 14 years old. You do not want to live with your parents. Your parents do not mind if you move out.
You can handle your own money. You have a legal way to make money. Emancipation would be good for you. You can: Get counseling or mediation with your parents; Go to live with another adult like an aunt, uncle, grandparent, or family friend ; Get help from public or private agencies; or Make an agreement with your parents to live somewhere else.
A Durable Power of Attorney for a Minor Child can be granted by a parent and gives another adult the ability to make decisions for the child if the parent is not available. Examples of when a Durable Power of Attorney would be useful could include an emergency, such as a parent being ill, or a parent being temporarily absent. For a child at least 16 years old and able to make his or her own adult decisions, a legal emancipation may be an option.
An emancipated child can make decisions on where they will live. The child would also be held responsible for any contracts signed and any actions taken. An emancipated minor would also be responsible for supporting himself or herself.
For a court to grant an emancipation order, the child must also show they are self-sufficient. This includes:. In most cases, running away is not the best solution to problems in the home. There may be other choices.
If you are a minor who is thinking about running away, stop and look at other ways to deal with the problem. For help seeing all options available, you may contact the National Runaway Safeline at Iowa Legal Aid provides help to low-income Iowans. To apply for help from Iowa Legal Aid: call
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