Kentucky Emancipation Laws
- The person who wants to be emancipated must file a petition with the circuit court in the county in which the petitioner resides. The petitioner must also include a copy of his birth certificate and a declaration indicating he is able to manage his financial, personal and social affairs.
- The petitioner must file an affidavit with the petition. A person who can back up the petitioner’s claim that emancipation is in the petitioner’s best interest must be the one to write the affidavit. This person may be a teacher, doctor, school official, counselor, psychologist, psychiatrist, minister, doctor or nurse.
- An official of the court will investigate the information on the petition and file a report with the court. The court will summon the parents or guardian of the petition to appear at the emancipation hearing, which is held without a jury. The court will approve the petition if the petitioner is at least 16 years old, a resident of Kentucky, has demonstrated the ability to support himself, and the parents or guardian don’t object or have stopped supporting the petitioner. The court will keep a copy of the emancipation order on file until the minor turns 18.
- After the court issues the emancipation order, anyone who was involved in the hearing may file a petition to rescind the order. The court will hold a second hearing to make a determination. It will rescind the order if the petitioner demonstrates that the minor is unable to support himself, the parents or guardian agree with the rescission, or if family relations resume that are not consistent with the emancipation order.
Petition
Affidavit
Approval
Rescission
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