But to get married, minors must comply with state marriage requirements. States set a minimum age for marriage and often require minors to get parental consent or court approval before getting married. For example, to get married in California, a minor must 1 be at least 14 years old, 2 be accompanied by a parent or legal guardian, and 3 appear before the court. Emancipation by military enlistment.
Minors can become emancipated by enlisting in the United States Armed Forces. But since military policies currently require enlistees to have a high school diploma or GED, most young people are at least 17 or 18 before they become emancipated through enlistment.
Emancipation by court permission. Some not all states allow emancipation by a court order. Usually, the minor must be at least 16 years old to do this—although, in California, minors as young as 14 may petition the court for emancipation.
The court will grant emancipation if it believes that doing so will serve the young person's best interest. The court will evaluate many of the following factors when deciding whether to grant emancipation:. Minors seeking emancipation through a court order must follow the petitioning procedures that state law sets out. Though the process varies from state to state, here's what the court procedure for filing an emancipation petition typically looks like:.
The minor must fill out a petition or an attorney can fill it out on the minor's behalf. 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. You should file a petition with the court that includes the following:. Your parents or legal guardians will need to receive written notice of the petition within 21 days. When you go before the judge, tell them that you consent to receiving services and shelter at the transitional housing program.
A representative of the program may be required to appear to verify facts. The judge may grant your partial emancipation and admit you to a housing program then. But your parents have a right to ask for a hearing. The petition can still be granted if a parent or guardian objects to the partial emancipation, but only if the judge thinks it is in your best interests. Only logged-in users can post comments. Please log in or register if you want to leave a comment.
We do our best to reply to each comment. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help. Thank you for your question. We are sorry about your situation. It is difficult to become emancipated. You must be able to show that you can live on your own and support yourself without your parents' help. You also would need the permission of your parents or guardian, but in some cases a judge can still grant an emancipation petition.
The article mentioned a few ways that minors seeking emancipation can show maturity:. If you're looking for legal advice, you can use our Get Legal Help program to find a lawyer that may be able to help. Good luck! All rights reserved. ILAO is a registered c 3 nonprofit organization. ILAO's tax identification number is Select your language English Spanish. We simplify the law so you can get justice. Worried about doing this on your own? You may be able to get free legal help. Apply Online. Note: Covid is changing many areas of the law.
Visit our Covid articles for the latest information. Becoming emancipated. Displaying information for [ change ]. What is emancipation? What problems can a special emancipation order solve?
If I become emancipated, what does that mean for my parents or guardian? Is emancipation an available option for every adolescent? Here are the requirements for emancipation: You must prove that you can manage your own affairs; and You must show that you already have lived completely or partially independently from your parents. Who should seek emancipation and who should not?
Such special needs may include: Problems getting housing because of your age or legal status; Educational barriers due solely to your age or legal status; or Inability to enter into contracts because of your age. Minors who should not consider emancipation include: Minors who need continuing financial support from their parents; Minors who have no special need; or Minors who do not have a plan for safe and stable housing. Saying you are staying with a friend is not good enough. One way to do this is if they sign a consent to your Emancipation.
If your parents sign this form, it will be easier for you to become emancipated. If you are living away from home and your parents know all about this but they are not strongly objecting or trying to bring you back home to live, a judge MAY interpret their lack of action as an agreement to your living arrangements.
You must manage your own financial affairs. The court needs to be sure you have income earned only by you and that you make the decision on how that income is spent. You will need to show evidence that you pay your own bills, especially for necessary things like housing, food and clothing. Even if you trade housework for room and board, it is best if you get paid and show that you are actually paying rent.
There is no set amount you must earn, but the Judge will look at your income closely to make certain you can meet your expenses. Your source of income must be legal. You cannot earn your money from criminal activities. The emancipation must be in your best interest.
This allows the Judge a lot of freedom in deciding if you should be emancipated. Even if you meet the other five requirements, a judge who feels it is not in your best interest to become emancipated can deny your request. In court, your parents or anyone else may object to your emancipation and try to persuade the judge that it is not in your best interest. Process of emancipation: If you decide emancipation is the right decision for you and you meet the requirements, you also must have lived in the county for 12 months to file.
You may also have to pay a publication fee. In Quebec, people become adults in the eyes of the law at age Instead, their tutors — usually their parents — must do these things for them.
They need more independence, and they need it fast! Two things prevent people under 18 from exercising their rights in the same way as adults: parental authority and tutorship for minors. Emancipation limits or puts an end to tutorship and parental authority.
Parental authority refers to the rights and responsibilities of parents or someone else who has parental authority toward their children, from birth to adulthood: custody, supervision and education. Tutorship for minors is the legal mechanism that protects people under Their tutors must agree and act for them in legal matters that can seriously impact their financial situations or their lives. Usually, teenagers must be at least 16 years old to ask for emancipation.
A judge can sometimes make exceptions and order emancipation of younger teenagers. The law does not simply emancipate teenagers who are upset about their curfews or whose parents forbid them from seeing some people. Here are some examples:. These examples show that emancipation is a drastic solution for dealing with very particular situations, which often have to do with youth protection.
It is generally provided to older teenagers close to adulthood who are very mature and can take on important responsibilities. With simple emancipation, teenagers are no longer under the authority of their parents or tutors. Therefore, the parents do not have the duties of custody, supervision and education. For example, once the duty of custody no longer exists, teenagers do not have to live with their tutor and will not be considered runaways.
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