Image of a girl sitting against a wall representing emancipation of minor

Emancipation: How it Works

Not all families are the same. Some children become stars at an early age. Some parents are abusive and harmful to their child’s development. When a child under the age of majority needs to be able to make their own choices for their own wellbeing, they can turn to emancipation.

Emancipation laws allow individuals beneath the age of majority, which ranges from 18-21 depending on the state or territory, to be free from the control of their parent or legal guardian. An emancipated minor can legally do a number of adult activities including:

  • Enter into legally binding contracts such as an apartment rental
  • Live apart from their parents
  • Enroll in the school of their choice
  • File a lawsuit or be sued in court
  • Apply for a work permit and keep their own income earned from a job
  • Make their own healthcare decisions, including decisions about reproductive health

In general, there are three methods of acquiring legal emancipation: marriage, military service, or court authorization.

When deciding legal emancipation, the judge has broad authority. In general, the judge will consider whether the minor is financially stable enough to support themselves, whether the minor is living apart from their parents or has an alternate living arrangement, whether the minor has graduated from high school, or whether they are sufficiently mature enough to handle their own affairs.

If you or a loved one are seeking emancipation, you will need to consult with a Divorce and Family attorney. An experienced Divorce and Family attorney can help create an ideal case for emancipation, avoiding common pitfalls with expertise and experience. The best Divorce and Family law attorneys can create an impenetrable argument for emancipation, and the best way to find a Divorce and Family attorney is with Attorney at Law.

At AAL, our nationwide network of attorneys and law firms can match you with the best attorney in your area. Our partners have more than just the experience, resources, and legal expertise to win your case, they have the compassion and sensitivity for their clients to make them outstanding in client care. 

Don’t wait. Contact AAL today for a free, no obligation consultation and begin your journey to liberation.

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