An emancipated minor is a person under the legal age of adulthood that gains full legal independence from his or her parents or guardians. In most places, a person can only become an emancipated minor under specific conditions, such as marriage, financial independence, or military service. Becoming an emancipated minor is a big step that requires careful consideration, but most regions do have a legal process for achieving this goal.
Financial independence is the key to becoming an emancipated minor for many people. To get emancipation on this ground, the minor must be able to show that he or she has legal, documented income or resources that will cover basic necessities, such as rent, food, and medical care. In some jurisdictions, a minor can only apply for emancipation based on financial independence if he or she is already permanently living away from home and surviving on an earned income. While it is sometimes possible to financially survive without assistance as a teenager, it is important to know that emancipation does not supersede child labor laws, and there may be restrictions on how many hours a teenager can work.
In some regions, a minor can achieve emancipation if he or she marries before reaching the age of adulthood. Depending on the regional laws, marriage before age 18 can require parent or guardian permission, or even a court order. Getting married solely to achieve emancipation can be a very risky proposition, and may even be considered fraudulent in some places. Only if a minor truly wants to have a permanent marriage and is able to financially survive with his or her spouse should this option be considered.
With parental and official consent, a person can achieve emancipation by joining the military. Joining the military is a binding contract that can affect career, education, and life choices for many years, so it is not a decision to be made lightly. In order to join the military before adulthood, a signed waiver from parents or guardians is required. Forging a waiver signature may be grounds for disciplinary action, dismissal, or even criminal charges.
In most places, a person becomes an emancipated minor by filing a legal petition for emancipation. These can be found at local courthouses, and may require a filing fee. Legal experts warn that while it is possible to file a request for a fee waiver, it is possible that the court will take a waiver request as a sign that a teen is not financially independent. If possible, consider visiting a free legal aid clinic or hiring a lawyer to help with emancipation paperwork.
After the paperwork is filed, a judge will set a hearing date if he or she thinks there is grounds for the case. At the hearing, both the parents and the minor can present evidence for or against emancipation. The judge will make a decision based on this evidence, which will serve as a final judgment to allow or not allow emancipation.
Minors who are being abused by their parents may want to consider alerting child protective services or the police as well as filing for emancipation. Physical or sexual abuse and neglect are criminal actions in most places, and a judge may very well consider any criminal reports of abuse when making an emancipation decision. In addition, reporting abuse can open the door to other viable options for those that are not financially independent, such as transferring guardianship to a trustworthy relative.
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anon258346
Post 9 |
I am 15 and I want to become emancipated and I really don't know how. If someone could comment and tell me I would appreciate it. |
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anon257218
Post 8 |
I am 14. My father is a bad person. He has threatened to kill me and my mother and I had to live with him for two years, but eventually I was able to find a way to move in with my mom but now my mom gets extremely intoxicated on alcohol and does nothing around the house. I do everything and she rarely buys me food. I work around the neighborhood trying to do yard work to get money for food. I want to be emancipated. I have good reasoning for it. I currently live with my brother but I am very responsible and can be responsible with money so I believe I could raise myself. I have practically been doing it for about two years now. |
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anon237336
Post 6 |
I want to become emancipated from my distant mother. Nearly three years ago, she became an addict to the game Second Life, and met a man there. They have only seen each other twice before. She wants to move to Chicago to live with him right before my senior year of high school. She doesn't care about me or my older sister anymore and I feel she only keeps us around so we can feed her, since the only time she gets up is to go to work. Her only focus is the guy she met online and I'm tired of feeling second best. I'm 16 years old and currently see no way out of moving, but I want to become emancipated so I don't have to deal with her selfishness anymore. |
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anon232134
Post 5 |
My heart goes out to the children who are actually being abused or living under conditions no one should deal with. My situation is I am providing for my son who is 15 years old. I am constantly going to court with him for violent threats and destruction of property. He is rude and disrespectful to me, to his mother, father, sisters and most of all, himself. He walks out at night without my permission. He curses and has threatened me on several occasions. I've called the police and it feels like I must accept and be threatened and abused by him daily. Where does my help come from? I know God puts no more on you than you can bear, and I'm calling on the name of Jesus to guide and order my steps. Come rescue me! |
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anon226727
Post 4 |
I am 15 and I hate where I live. I live with my grandparents and if I do the smallest thing wrong, they get all mean and threaten me. They've even hit me before. I'm like their slave because I do just about everything there is to do in the house. I take care of almost all of the animals, I am to do the dishes all the time and clean the house all by myself. I know this sounds like the typical teenage sob story but it's not. I need to get out of here or there are going to be serious problems. Is there any way I could be emancipated before I turn 16? |
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anon212048
Post 3 |
All right, so I'm turning 17 in six months, and currently looking for a job. My household is not stable at all. My mom makes dramatic moves every other year (from texas to connecticut) because my family lives in texas. When I was little I used to live with my father, and his wife would emotionally abuse me and I'd get beaten with a belt pretty much every day. I eventually moved in with my mom and she also had an abusive spouse who caused me extensive emotional trauma until a few months ago. Now she has a new boyfriend and is planning another dramatic move right before my senior year in high school. I'm going to be homeless in october because our house is being foreclosed. She cannot financially support my needs at all. If I want something I have to save money to buy it (for ex: a shirt, hair dye, even shampoo. Sometimes food) and I live in constant fear from the emotional abuse. I can't even stay in the same room as my mom for very long or I start shaking. I've already done research and if I take it to the courts, I figured I could live with a friend who has a stable household and pay rent and go on food stamps just until my senior year in high school is over and then I can get a better paying job and actually find my own apartment. Also with health care, I'm researching HUSKY? I've pretty much got everything figured out. I just need a second opinion. |
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anon162125
Post 2 |
If what this person is true, she needs to go to CPS and report what is going on. They and her mother can assist in getting her out of this abusive environment. |
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anon158037
Post 1 |
I'm almost seventeen years old and I've been living with my dad for five years now. I grew up in a broken home, my parents divorced when I was three and my mom took me into her custody. I lived with her until I was twelve, the whole time, only seeing my dad on the first, third, and fourth weekends of the months, I believed my life would be better over there. It was for the first few months. I'm not the brightest kid in the world, and I struggle in school. I have ADD and wasn't on medication. I have a hard time focusing on school work and keeping my grades up. My Dad yells at me constantly over them and refuses to change the subject 90 percent of the time. He constantly yells at me, calling me a 'slut', and several other explicit names I have grown to hate. He doesn't know that I'm bi, and he's very racist and vulgar. I do listen to music that's 'inappropriate' for my age, but it's mainly to rebel against him. I've been in this relationship with this guy for three months now. We're engaged and planning a life together. He works from after school until nine at night. My dad found out we were talking at ten at night and flipped, taking my phone away from nine at night until seven twenty the next morning. My dad doesn't like my boyfriend. At all. My lover is now eighteen and I'm turning eighteen in July of next year. Though I'm trying to stay in this whole thing with my dad, its getting harder each go around. He tells me my life is meaningless and that I'm going to end up 'just like my mum' - 'a useless whore who's a menace to society'. I've tried moving back with my Mum and he won't allow it. He's constantly belittling me and I'm sick of it. He's threatened many times to kill himself because I 'make his blood pressure rise.' My boyfriend said I'd be better off emancipated, and I agree, but can a child whose scars are under the skin become emancipated from a parent who gets pleasure from hurting them emotionally? |
