Emancipation is a legal court process where a minor can gain the legal responsibilities of an adult and be responsible for his or her own care. There are many circumstances and situations where a minor may be better off conducting his or her own affairs free from parental control. If this sounds like you, speak to a family attorney to determine whether you meet the requirements for filing for emancipation and what you can do. Here's a more detailed look.
The Types of Emancipation
If you become emancipated from your parents, you gain legal rights and control over many aspects of your life. For example, you can choose where and with whom you live, and you can even apply for a loan or a mortgage if you are emancipated. There are two different types of emancipation that you can apply for. They include:
- Simple emancipation, which will give you legal control of many areas of your life. For example, you can make your own decisions in regards to your education and can even live on your own. However, the tutor assigned to you, which could be your parents, a guardian or a Director of Youth Protection, still have a duty to advise and supervise you in situations that may seriously affect your financial wellbeing.
- Full emancipation. In this situation, you basically have all of the rights of an adult; however, you will not be able to vote, buy cigarettes or alcohol, or purchase movies and games rated above your age group until you are of age. You will, however, be charged as an adult if you commit a crime.
A family law attorney can help you determine which type will give you the legal rights that you need.
Requirements for Filing for Emancipation
To file for emancipation, you must first meet several requirements established by your state's law. Some requirements that the courts will take into consideration include:
- Your age. Each state has unique minor emancipation laws. For example, you must be at least 14 years old if you live in California or at least 16 years old if you live in Illinois. Some states do not have specific age requirements in place.
- Have the consent of your parent. In some states, your case will be immediately dismissed if your parents object to the emancipation.
- Have the ability to financially support yourself. You must prove that you are able to earn an income that is sufficient to financially support yourself.
- Have appropriate living arrangements. You will need to disclose whether or not you will still be living at home or whether you have made appropriate living arrangements elsewhere.
- Your level of maturity. You may need to prove that you are mature enough to take on the responsibilities associated with gaining legal rights of an adult. Your family lawyer may suggest that you compile evidence that demonstrates that you have the ability to take care of yourself.
- Education arrangements that have been made and the reasoning behind it.
- Whether there was any abuse from one or both parents. The court will consider whether being abused physically, emotionally or sexually by your parents has led to your request to be emancipated.
You will be responsible for submitting several forms and providing an affidavit, which a family attorney can help you with.
Conclusion
When filing for emancipation, the court will need to determine whether being emancipated from your parent is in your best interest and whether you are ready to handle the amount of responsibility that comes with being emancipated. A family attorney can help you build a strong case for the judge and handle all of the legal paperwork involved in order to improve your chances.
