Definition

• Emancipation is where an individual, the age of majority by law, has the right to be independent and no longer under the jurisdiction of his parent/s. It is also the process whereby a minor may petition the courts to be legally responsible for himself. Either parent or child may petition for the minor to be emancipated. Before applying for emancipation it would be wise to consider reasons for doing so.
  
  

Considerations

• Courts reviewing these petitions will consider the following:
  
  Minors:
  -Are you at least 16 years of age? (State age limits vary.)
  -Are you already living away from home but your parents are receiving government benefits because of you?
  -Are your parents abusive and you need to be safe from them?
  -Are you a minor and want to receive welfare or Medicare?
  -Are you pregnant and want to get married?
  
  Parents:
  -As the legal guardian of your minor child do you want to give them the freedom to make legal choices for themselves?
  -Do you want them to live independent from you and no longer be responsible for their welfare or care?
  -Do you no longer want to be legally responsible for their actions?
  
  

Criteria

• When emancipation is being sought on the basis of parental neglect or abuse the courts will require evidence that shows the following:
  
  - How, when and where did the parent/s abandoned the child.
  - Physical evidence that the parents physically or mentally abuse the child.
  - Sworn testimony from viable witnesses.
  - A written statement or testimony that the parent/s is unwilling to continue caring for their child.
  
  State laws vary on emancipation so you may want to contact a mediator or ask for a court-appointed attorney to help you present your case. Evidence should be gathered and organized in a concise manner for credibility.
  
  It is not always necessary to go to court to be emancipated. There are circumstances in where both the parent and child are in agreement that they should live separately. A parent might not oppose the minor moving away from home and supporting herself. Or a parent may ask a child to leave his home for various reasons.
  
  In any event, either in court or via informal consent between parent and child, a parent must agree to the emancipation. The exception to this is if the child has become of majority age or if the parents have been found guilty of misconduct.