Petition

• To apply for emancipation, the minor must file a petition in the juvenile court in the county where he lives. The petition must be signed by the minor and must include the minor's name, address, birth date and place where the minor was born, a certified copy of the minor's birth certificate, the name and address of the minor's parents or guardian (or the nearest living relative in the state if the parents or guardian cannot be located), a declaration by the minor that he can manage his own finances and personal and social affairs and of the names of adults who have personal knowledge of the minor's life and believe that emancipation is in the best interest of the minor.
  
  

Notice

• The minor must serve the petition and a summons to appear at the emancipation hearing on his parents or guardian and any person that the minor named as supportive of the emancipation petition. The minor must also serve any other person named in the petition. Those served can file an answer within 30 days of service.
  
  

Court Procedure

• Upon the minor's filing of the petition for emancipation, the court, before the hearing, can make certain procedural determinations. The court can appoint an employee of the court or a guardian ad litem to conduct an investigation and to make a recommendation regarding whether emancipation is in the best interest of the minor. The court can also appoint an attorney for the minor and for the minor's parents or guardian if they are unable to afford legal representation and they oppose the emancipation petition. The court will also request that each person named as being in support of the emancipation provide an affidavit that includes the reasons why.
  
  

Hearing

• The hearing will take place in the presence of a judge. The burden of proof is on the minor to show that emancipation is in his best interest. The court may grant the emancipation if it determines that it is in the best interest of the minor, the minor resides in the state, the minor has shown the court that he can manage his financial affairs, he can support himself through employment or other means (not including public assistance), he can manage his personal and social affairs (has a place to live) and he understands what rights and responsibilities he will have once emancipated.