What is an Emancipated Minor?

language humanities

Once a child reaches the age of 18, also known as the age of majority, he or she is said to be fully emancipated from parental control. This means he or she can enjoy all the privileges and responsibilities of adulthood, such as voting, marriage and financial independence. For a certain percentage of children between the ages of 14 and 18, however, these adult-level responsibilities are already a reality. This is the world of an emancipated minor.

An emancipated minor is a child who has been granted the status of adulthood by a court order or other formal arrangement. Emancipated minor status is not automatically bestowed on those who have simply moved away from their parents' home, however. The majority of emancipated minor cases involve working teenagers who have demonstrated an ability to support themselves financially. A professional actress or musician over the age of 14 is more likely to be considered an emancipated minor than a runaway working for minimum wage.

In the United States, there are three ways for a teenager to earn emancipated minor status. The first method is to demonstrate to a court that he or she is financially independent and the parents or legal guardians have no objections to his or her living arrangements. A petition is usually filed in a family courtroom and the judge can either approve or disallow the emancipated minor's petition. This is to prevent disgruntled teenagers from arbitrarily leaving home and declaring themselves to be emancipated. Becoming an emancipated minor through financial independence is not considered a divorce from parents, but rather a means for successful teens to protect their assets.

Another recognized way to earn emancipated minor status is to become legally married. This option does not supercede other laws governing the age of consent, however. A twelve year old girl seeking emancipated minor status cannot become legally married until she has reached her state's minimal age of consent.

If the state allows 14 year olds to marry with parental consent, then a 14-year old bride would indeed be considered an emancipated minor. She could sign for bank loans, enter into real estate contracts, or apply for adult benefits such as food stamps. The irony is that an emancipated minor must still reach his or her state's age of consent before having sexual relations with an adult spouse.

The third means of becoming an emancipated minor is to enlist in any of the United States Armed Forces. This has been increasingly difficult in recent years, due to the military's new policies concerning minimal educational requirements. If a potential enlistee can produce a valid high school diploma or GED, the chances of enlisting as a minor are somewhat better. During times of a civilian draft, a 16 year old minor may be able to petition the military for an early enlistment. Once a minor is officially inducted into military service, he or she is automatically granted emancipated minor status.

Some may question the value of emancipated minor status for the child involved. There are always alternatives available for teenagers who may feel trapped in abusive homes or manipulated financially by greedy parents. Family counseling may help a minor child feel comfortable enough to wait until the age of majority before leaving home. A trusted relative or friend may also be able to provide temporary housing without the need for emancipated minor proceedings. Sometimes parents and children may reach an informal arrangement which would allow a financially independent child to live outside the home.

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62
I am almost thirteen. I feel that something is wrong with me. Like with my health and stuff. I am in constant pain all the time. But my parents don't believe me and they won't take me to see a doctor even if I ask them to. I don't know what I should do. I live in North Carolina. Can I be emancipated? If I was emancipated I was going to go live with my adult friend Kaye and her husband. They have already told me it was okay.

Another thing is that my dad is always yelling and fussing at me telling me that I do everything wrong. My mother isn't too much better either. I just can't take living in this house anymore. And I really didn't want to post this part but since it is anonymous I will. I think that I might be pregnant. Not for sure now, but I haven't had my period in almost 70 days, which is way too long, especially when you've had it for well over a year.

So anyway, can I be emancipated? And do my parents have to give their consent? And would I be able to be homeschooled and work as a music teacher? Like I said though, I would be living with Kaye and her husband. But would I still need to get a job? If I do, that is fine with me but I'm just real confused about all this. I had thought about asking bout this in the past but didn't have private access to the internet. I have a computer in my room now though. Thanks for your time!!

- anon51457
Editor's reply: If you think you might be pregnant, please talk to a trusted adult, maybe your friend Kaye, as soon as possible. You need to see a doctor.
59
i will be 17 in a little more than a week. my family and i do not get along whatsoever. i never want to come home because all i come home to is either silence or fighting. i feel as if i cannot do anything right in this house. also i have been dating the same guy for the last three years and they do not agree because he is 20 and i'm only going to be 17. what would i have to do to be emancipated as soon as possible? please can someone help me? i cannot take it anymore.
- anon50476
58
Can you get divorced from your parents and live with someone else?
- anon49486
57
I am 16 years old about to turn 17 in December. I live in the state of Texas. I live with my mom and step-father. I am 2 months pregnant. Me and my boyfriend want me out of this house as soon as possible because of all the problems we have. If I move in with my boyfriend we will be able to support ourselves financially. Do I have to wait until I turn 17 to get emancipated? or can I get emancipated right now considering I'm pregnant and my living conditions?
- anon47307
56
Momto2 (Post 12) wrote: "My son's father and I are divorced. Can he emancipate himself from his dad and not me? He no longer wishes for his father to have a legal say in his choices." As far as I know, a child is either an emancipated minor, or he is not. Emancipated minor status determines the child's right and ability to live independently. I'm unaware of any jurisdiction that allows for selective emancipation. Divorce is hard on all parties, perhaps especially the children. However difficult it may be, it is important for divorced parents to continue to back each other up as far as the children are concerned. Using the children to punish each other is about the most destructive thing divorced parents can do.
- anon46981
55
For anon46647: being pregnant, or becoming a teen mother, is not normally sufficient for emancipation. As the article explains, the law varies from one jurisdiction to another, but usually the court wants to know if the minor has (1) the maturity, and (2) a sufficient income to actually live independently. Ordinarily, one cannot petition for emancipation on the basis that she will then go and apply for social security. I hope this helps.
- anon46976
54
I am 15 and pregnant. I am due in nov. will I be emancipated when my son is born? my mother gets social security for me and my brother from my dad passing. am i entitled to that check?
- anon46647
53
This answer is for Kayla. Once a person reaches the age of majority in his or her state, generally 18, then he or she can be considered a legal adult. In that sense, you are no longer under the authority of legal guardians and you could move out, become employed, get married, join the military or whatever. At age 18, you have all of those rights. However, many people turn 18 before completing high school, so it's often in their best interest to continue living under some authority until they receive their diplomas. Legal emancipation laws only apply to people who are still under the age of 18 and have the ability to live independently. You are no longer subject to those laws now that you're 18, but you may want to consider all of your options before moving out.
- pollick
52
My names kayla, im turning 18 in 4 days and I'm still in high school. do I have to be legally emancipated because I'm still in high school or can I just tell my legal guardians i'm moving out?
- anon45718
51
Hi, I'm 17. I won't be 18 for nine more months. And I don't think I can take it anymore. I hate this place. I hate my life. My dad is a jerk. My stepmom is an evil witch. I have bunches of sisters and brothers and they're all lame. I'm just sick of this place. I've been here too long. I hate my job. I hate all of these people. I want to drive away so far until my car won't drive anymore. But I doubt my Dad would sign for this right.
- anon44987
50
I am 17 years old. I was kicked out of my mother's house when i was 16. i was living with a friend of mine and it was horrible. i moved in with my dad in Florida for six weeks but that didn't work out. he sent me back to Indiana. As of right now i have been living with my aunt and doing a lot better. I have a job and have almost paid off my car. My parents still have legal custody of me even though i have been on my own for over a year. I want to be emancipated so me and my boyfriend can move far away from all these people. I don't like living off my aunt. I just want to be independent and live my life without my controlling, abusive, and non caring family.
- anon44496
49
I am 17 years old and a senior in high school. i don't turn 18 until next april but i want to try and get of of my house as soon as possible. I live with my mom, stepdad and four of my brothers and sisters. my mother is bipolar and she and I have been constantly arguing and fighting which turns the whole family against me. i do not feel comfortable or safe in my home and it is getting in the way of my schooling. i have people i can live with but my parents won't agree to me getting emancipated. what can i do?
- anon43649
48
My son wants to move back in with me. He is 17 and currently being forced to live with his very controlling, emotionally damaging father due to the fact that he is in the military. His father is constantly threatening him of a PINS Petition. My son does not abuse drugs or drink. He has not broken any laws and has never hurt anyone but he claims that his military status can make things happen. My son states that if family court sides with him because of his military status, that he wants to become an emancipated minor. But he still wants to move in with me. How will this affect things? How will all of these documents affect my son in the future? Will he be able to enter into the military? or any State or Federal job? I have no money for an attorney. I have two older children that I am trying to put through college. This is my baby and I feel as though I am letting him down. I don't have the money to pay for another apartment just for him.
- anon43457
47
I am 15 years old and this morning my stepdad grounded me for 3 years because in the middle of the night he went in my room and i wasn't there so he thought i snuck out, but i was in the bathroom because there was a cricket in my room and i'm scared of them and also i saw a black widow on my wall so i grabbed my pillow and a towel and went into my bathroom and put a towel in the bottom of the tub and slept there and when i told him he said, "i dont f*ng care. you weren't in your room and i know you didn't sleep in the tub you f*ng liar." and i think that is a good enough reason to get emancipated from my parents. what do you think? i need advice. Help me!
- anon41066
46
I'm a 16 year old turning 17 next spring. I am currently starting my junior year in high school and I'm living with my dad and step mom down in Florida. My dad and mom divorced when I was 12 and I no longer am in contact much with my mother but I'm staying with my dad. I have been having very tough times in home now with my family. I feel that the family structure I live in now is going to hurt me later on down the road and I feel the need that if I get emancipated and go live with my two uncles and grandma I could have a better chance in life. I have a job working with my uncle and it's steady, the family structure I have with them is very well, and is very encouraging unlike my parents. I was wondering how I would go out about getting emancipated.
- anon40802
45
i am 14 years old. a couple days ago my parents grounded me for the whole rest of the summer. i think this qualifies as abusive behavior and i was wondering if this would qualify me to become an emancipated minor. i am way smarter than my dumb old parents so i think that will help me become emancipated. i don't have a job yet but i'm pretty sure it can't be that hard. please give me advice on how to become emancipated so i can get back at my parents for grounding me. thank you in advance.
- anon40249
44
I have a few questions, too. i am 16 almost 17. i am a junior in high school and i have a job and a car. i have been getting abused physically and emotionally by my grandmother who has had legal custody of me for years. we have had the police and dhs involved but nothing has happened. emancipation seems like the only way out of this. i have run away before but that didn't help. all it did was make it worse. i live in florida and really need advice. can you help?
- anon39801
43
I am 14 years old and my dad currently doesn't live with us anymore. he doesn't get paid and my moms paycheck doesn't cover all the bill. I am verbally and sometimes physically abused by my brother and mother, and I was wondering if I could be emancipated.
- anon39528
42
I am sixteen and will be seventeen in the spring. I plan to graduate high school early, in my junior year, attend college, hopefully play softball, then I've thought about joining the peace corps. Being seventeen and graduating there is a possibility my dad won't let me leave for college, and I will have to attend the community college for a year.

My father is also very verbally abusive and occasionally physical. I would like to start working for emancipation as soon as I can. But I'm not sure the best way to go about it. What do I need to do to make this a successful plan for myself?

- anon38714
41
Im 16 years old my dad doesn't do anything for me but take me and pick up from work and tell me what to do. But i don't live with him. he don't even take care of me. what do i do? what can i file for?
- anon37543
40
hi, im 14 years old and i want to have a future in track and field. The place were i practice is very far from were i live, and my parents cant drive me everyday. I want to get ahead of the game so i can achieve my goal of someday becoming a track and field star. I was wondering if i could get emancipated for this reason?
- anon37230
39
My 16 year old daughter is pregnant. Her father and I are divorced. She lives with me. She does not have a job and baby daddy can't afford to support the child so I'll be supporting both my daugther and her baby. She has not broached the subject of emancipation. My oldest daughter, who is 26, says my ex won't have to pay child support anymore because my youngest will be emancipated. Correct me if I'm wrong but to become emancipated 1) she'd have to be able to financially support herself and her child and 2) emancipation is court process?
- anon37202
38
In reference to 37 (Thilton5). She needs to go to the courthouse and request the paperwork. She should ask her father to sign otherwise she can take the paperwork in without his signature, and the court will schedule a hearing to determine if this arrangement is neccessary. I myself am an emancipated minor.. Good luck.
- anon36097
37
I know a 17yr old girl who is going to turn 18 in december. Her mother passed away from cancer two years ago in august. Her parents were divorced. Her and her mother lived Emancipation of minor in virginia. After her mothers death she had to move to Illinois to live with her alcoholic father. She wants to return to Virginia to finish her schooling and she would be living with her best friend and her parents. Her best friends' parents really want her to come and live with her. Her father who is verbally abusive and just recently physical abusive has told her she can go but she is not 18 yet. She wants to apply for Emancipation. She fears her father will try to stop her. What does she need to do for Emancipation?
- thilton5
36
i'm 14 and my girlfriend is 16. we have a baby who is going to be a year in july, she is unhappy living with her parents and so am i because her mom doesn't approve of me seeing my child, but that's my decision because it's my kid. i go to school however my girlfriend doesn't yet. she starts next year, what do i have to do in order to move her and my baby in with me legally so her mom and dad have no say so over where she stays and what she does?
- cansasallan
35
I'm 14 years old, and live in Florida. My parents may be getting a divorce soon, and if they are, I want to file for an emancipated minor. My mom hates me and is always screaming at me for no reason, and has a job that barely pays the bills. My dad has no job and has been unable to find one, even though he has been looking for almost 6 months. It would be impossible to move in with my dad, and my mom would not be able to support me. I would end up living on the streets because my mom has no food for us. Can I file for emancipated minor? I can prove that I can handle finances, and although my grades are low, I am very smart.
- archgaull
34
I'm 15 years old and i live in the state of California.

My father who currently has us; me and my siblings has abused me verbally and sometimes physically.

I leave sometimes to go to a friends and to be away for a bit, but then he comes to me calling me a run away and then calls the police.

I have someone being my boyfriend who wants to take care of me. But he lives in north Carolina. I'm scared if I leave and my dad calls the police, my boyfriend and I could be found and he could be put in prison.

I want to know can I get emancipated now? Even though i don't have my GED or hsd.

Also me and my boyfriend want to get married soon, so can I if I don't have consent?

- anon32555
33
I am 16 years old and i am in DSS Custody and i have a child that lives with me that is also in DSS Custody. She is mine and i want to be emancipated and i still want to keep my child. How do i go about doing this?
- anon32290
32
i am 15 my parents are divorced. i am unhappy with both of them. my cousin offered for me to move in with her, but my mom and dad said no. i need a way to move in with them without my parent's permission because i feel mentally abused by both parents.
- anon31760
31
I'm 16 years old next year i will be 17. I recently just got in trouble with my parents and now they're grounding me for the whole summer which i can understand. But do they have the right to tell me that i cannot get a job until i turn 18 and move out of their house? They are also telling me that i cannot go get my drivers license till i turn 18 either. I want to get a job so that i can start taking care of myself even if it means i have to walk to work.

I want to get out of here when i turn 17, but first off how do i get emancipated if my parents won't let me get a job so i can work for my money and provide for myself?

- Geanna06
30
Okay, I am 14 and live with my mom. She is an alcoholic. She has a history of DUIs. I have been identified as having an IQ of 180. Could this help my chances of emancipation? Also, does a regular paying trust fund count as income? It's very high but my mom said that doesn't count as income.
- anon31124
29
My 17 yr old daughter left home yesterday. I didn't hear from her until today and now she said she is filing to be emancipated. Can she do this if we don't agree and what should we do? She did not go to school today, but said she is going tomorrow and will stay in school and keep working. She is our youngest of 3 girls and making me old very very fast.

From Illinois

- chamb5
28
I am 16 years old and my dad has cancer and I'm not sure if anything is going to happen to him, but I'm trying to make arrangements just in case.

My mom has been mentally abusive to me my whole life (to the point where it has now caused me depression) and I don't want to have to live with her if something happens to my dad because I'm afraid that the abuse could become physical.

We've been to court because of her multiple times and the judge knows what kind of person she is.

I'm trying to get a job at the moment and I'll be driving soon.

I know for sure that my mom wouldn't sign for it.

Can I get emancipated if my dad were to pass away?

- tibby12
26
Hi I am 17 years old. My parents are over protective and I wanna know if I can get emancipated for that? They always take my phone, that I bought, for the stupidest reasons. I want to move out! Can you get emancipated even if your parents won't sign for it?
- anon29259
25
Hi. im 15 right now. i was forced to move out of state away from everything and everyone. i had a job, friends, good grades. my parents said they would emancipate me when i was 17. am i able to get emancipated then? i would have a place to stay, a job to go back to and the school i went to. i would really like to move back.
- blahblah5
24
I'm a 17 year old female. I live with my mom and step dad currently. Although i have, in many situations, moved out temporaily due to the living situation in my house.. my step dad is verbally and physically abusive. 2 years ago he was charged with 2 counts of assault, although he was found guilty, all he got was parole, and was told to never be in the same building as me and my sister.

Within the First week after the charges were laid, he was back in my house, ignoring the parole. He still continues with threats of physical violence, as well as kicking me out..

I am constantly being verbally assaulted.. I live in a small town so a job is hard to come by, so could i get government assistance when i get emancipated?

- rebeccaxoxo
23
i am 13 years old i am not treated like a regular teen my mom gets mad all the time my step dad abuses my little sisters and threaten to beat me my mom gets so mad that she tells me that i can leave with my attitude when my sisters get beat. i feel helpless. can i get emancipated?
- friendly96
22
I have 2 children age 14 and 16. They are in the middle of a custody battle between myself and their estranged father. Due to this battle, the father is using our decision not to vaccinate my extremely healthy children as a weapon to force them to be removed and vaccinated. The boys do not want to be forcefully raped by the medical industry that they are old enough to know is not helping them. Can they be emancipated so that they cannot be forcefully injected with poison by the state?
- organicmom
21
Hi, im 12 going on 13 next month. I live in a busy household, and my mom and dad are divorced. My mom has a boyfriend that lives with us. I dont like living here, its just to much. Me and my mom fight all the time. So far it hasnt become physical..But it might soon. I feel very uncomfortable around her boyfriend as well. He always talks about things i dont like talking about. I never have any say-so when it comes to me, i always have to do what they tell me. I cant even say no to going to the doctors, when i know im fine. Now im both emotionally hurt, and scared, because all the years of living like this has made it hard to be able to open myself up. I would love to move out, my older brother did, and my parents were fine with it. Im good at watching my money, too. I was wondering, can i get Emancipated? And find a job that will hire me?
- anon24213
20
My daughter's friend is 16 and pregnant...stepfather is verbally and physically abusive (not life-threatening).. what rights does she have (besides the right to healthcare). She is

a full-time high school student and has a part-time

job. Are there any laws concerning pregnant teens/self independence?

- Friend3
19
I am 16, me and my mom just dont get along... we fight and argue all the time. My grades are dropping and im always stressed. There is a lot to my story, I had an abusive step father and although the marks are gone it still hurts. My mom and I get into physical fights and nothing seems to work. She always brings drama into the situation she yells, breaks things, and even takes narcotics when they are not prescribed. It hurt to know, but she had a messed up childhood and im paying for it! What can i do ... can i get emancipated?
- kvc164
18
I'm 13 years old, i have abusive parents

when i was 2 my dad left, i was put into a foster home until i was 5, my little brother who is 2 years younger then me, was put into a different foster home then i was, my older sister, who is 4 years older then me and has a different father then me and my little brother, was sent to live with my grandmother. my mother remarried when i was 7. i now have 2 stepbrothers. my real father has remarried as well, having 3 daughters, my mother won't let me keep in contact with him what so ever. my step father is very abusive, my mother turns the other way when he gets mad and hits us. i have tried numbers of times to run away, but every time i was caught and taken back to my home. then my step father would beat me again from trying to run away he has mentally scared me almost as much as he as physically

can i get emancipated?

- anon21991
17
im 16 and s hard living home with my mom and stepdad...its too hard to concentrate at home my grades are slipping from the problems...the police had to come and arrest my stepdad because he hit my mom and threatened her dead...what do i do to get emancipated from living at home.
- cheergurl
16
Hi i am 16 My father has beat me in the past and emotionally abuses me because there are no bruises there was nothing that could be done. I have a place to stay that would support me with food and money, but if i just leave i he can call the police and say im a runaway im trying to build a case but i dont know what i need to do to prove all this any ideas.
- anon20678
15
I am 15 years old, and I currently live with my Grandmother. I was taken away from my dad by the police because he was abusive. And my mother doesn't support me in anyway. Can I become an emancipated minor? I have a job of my own, so I can kind of support myself and I already have a place to go...But there is one problem...I used to smoke pot and someone told me that I couldn't become an emancipated minor because of what is on my record. Is that true? please help!!!
- Anthony1227
14
Im 16 and i just had a baby. Does that mean that my mom is still responsible for my baby since im underage and since the baby's father is 18 can he take me to court or would he have to take my mother?
- dagurl91
13
if i become legally emancipated at 16 in the uk ... will i be able to sign my own release forms (for modeling)? and would i be able to enter into a bank loan and sign my own contracts ?
- anon19877
12
My son's father and I are divorced. Can he emancipate himself from his dad and not me? He no longer wishes for his father to have a legal say in his choices.
- momto2
11
i am 41 years old my 2nd too the youngest is 17 and 7 months pregnant, she will be 18 in january,, she cant get afdc or food stamps because she is a minor, what do i do??????? she has been living with her boyfriend for 5 years....long time....
- anon18787
10
I have a 16 year old that keeps running away because we won't let her go to parties and do what she wants and because she keeps getting into trouble. I am not sure what to do legally about and she keeps getting into trouble with the law. Is emancipation an option for that, because of course we are legally responsible for what she does and she is not our only child.
- nasebedo
9
If a 16-year-old child of divorced parents in joint custody wishes to leave the state of her parents' residence and live on her own, and her mother agrees to this but her father does not, can her father officially emancipate this child?
- verikon
8
Hi Im 14 years old. Im a teen Mother trying to become an emancipated minor. i was wondering if i become an emancipated minor will i still have custody of my daughter?
- geneva
6
My 19 year old has left home and wants nothing to do with the family. I want to no longer use her on my income taxes as a dependent. Can she than file her taxes as a single filer, not a dependent? We live in Texas will she need to be emancipated through the courts so she can file her taxes and financial aid for college.
- anon14667
5
My son and ex wife reside in Utah. He is 17 and a junior (11th grade) in high school. He is planning on joining the Marines, signing up now with a delayed entry to begin active duty when he graduates next year. If he is sworn in now, will he automatically become an emancipated minor, and will I still be required to pay child support and medical bills?
- dayet
4
What about a 17 yr old mom of 1 and another on the way living with father of the children. Can she enter into a legal contract? Is she considered emancipated if the couple never married?
- Lola
3
Stay in school, kids. Rough it out to at least get your high school diploma. If you think it's tough now, you have no idea how tough it will be finding a job without a high school diploma.
- anon9516
2
Yes, emancipated minors are still required to attend school. However, you can seek a G.E.D for early 'graduation.'
- anon7936
1
If one is granted emancipated minor status are they released from education mandates or would they be considered truant for not attending school?
- anon2473

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Written by Michael Pollick
Last Modified: 06 November 2009

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