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What is an Emancipated Minor? |
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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.
Written by
Michael Pollick
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