How to Get Emancipated in Georgia
- 1). Attain the age of 16 and be a legal resident of Georgia.
- 2). Inform your parents(s) or guardian of your intent to request emancipation.
- 3). Obtain a "Petition for the Emancipation of a Minor" from the Juvenile Court in your county of jurisdiction (djj.state.ga.us). Contact the Juvenile Court in your area and inquire about the correct forms because they may vary by county.
- 4). Include your full name, date, county and state of birth on the petition. Provide a certified copy of your birth certificate. List the names and last known address for each parent or guardian. Provide the name and address of your nearest living Georgia relative, if the whereabouts of your parent (s) or guardian is unknown or your parent(s) or guardian is deceased. Your petition must include your present address, length of time at the address and a statement showing your ability to manage your financial, personal and social responsibilities.
- 5). Contact individuals with personal knowledge of your situation. Ask them to provide affidavits supporting your petition. These individuals must believe that emancipation is in your best interest. You may ask a physician, nurse, psychologist, guidance counselor or teacher. Your minister, principal or social worker may also attest to the fact that emancipation is a valid option. Provide the full name and address for each individual.
- 6). File the petition in your county of residence. The Juvenile Court Clerk will serve a copy of the petition and a summons to appear in court to all individuals named in your petition. This includes the individuals who provided affidavits in support of your petition. The individuals will have 30 days to file an answer to your petition. Upon filing your petition, the court may appoint counsel or a guardian ad Litem to act on your behalf.
- 7). Gather documentation to show emancipation is in your best interest, if your parent(s) or guardian object(s). Provide proof of employment or financial support to show that you are financially responsible. Public assistance does not satisfy this requirement. Provide documentation of residence, school enrollment and any other verification to demonstrate that you have the ability to manage your personal and social affairs. The burden of proof lies with you. If you cannot show that emancipation is in your best interest, the court will deny your petition.
- 8). Attend the hearing. If approved, the judge signs the Declaration of Emancipation and files with the Juvenile Court. A copy of the declaration remains on file until you turn 25 years old.
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