There are many reasons why a young person might seek emancipation. Sometimes a minor is very wealthy a child actor, for example and seeks emancipation for financial and tax reasons. Some young people suffer from physical or mental abuse and want to get away from a bad home environment. Other minors feel that they cannot get along with their parents or guardians. Emancipation is just one option in these situations.
If emancipation isn't appropriate, minors may find the following alternatives helpful:. Emancipation comes with most of the responsibilities and liabilities of being an adult. If you are emancipated—or are considering emancipation—get educated about the law and how it will affect your daily life. For more information, Nolo's Encyclopedia of Everyday Law by the editors of Nolo includes answers to some of the most frequently asked questions about the law.
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Emancipation of Minors. Learn what it means to be emancipated and how a child can become emancipated. What Is Emancipation? Although specific rights vary somewhat from state to state, usually an emancipated minor can: enter into legally binding contracts, including real estate purchases or apartment rentals live apart from parents enroll in the school sue or be sued in court apply for a work permit and keep any income earned from a job, and make healthcare decisions, including choices related to abortion and birth control.
For example, many states don't allow emancipated minors to: get married without parental consent quit school buy or drink alcohol, or vote or get a driver's license before the legal age at which they would ordinarily be able to do so.
An emancipation order may help a minor avoid some legal problems. Here are some examples of difficulties that the order can solve:.
Once you are emancipated, your parents may no longer be able to decide where you will live, go to school, or work. They may not be able to discipline you. They may not be able to make you work or give them any money you earn.
At the same time, however, they may not have to provide you any financial support. This is true unless your order specifies that they must continue to support you. Everyone automatically becomes emancipated at age Here are the requirements for emancipation:. If your parents object, the judge can still grant your petition. But only if you prove it is in your best interests. Generally, only minors who have a special need should consider it. Such special needs may include:.
To get an emancipation order, someone else must file a case on your behalf in court. You may find it difficult to get the order if:. You will need evidence of your maturity from witnesses such as:. Remember that you are an important witness for yourself.
How you act in court and your reasons for seeking the order will influence the judge's decision. You must agree, too. Parents cannot force children to become emancipated until they turn The judge can order your parents to continue to support you.
An emancipation can be partial or complete. If it is partial, your parents will still have some duties or rights concerning you. Judges probably will not issue the order if your purpose is to get public aid. Even if you get the order, you might still be denied because of your age. If you become emancipated and later find you need public aid, you should apply for it and should qualify as an adult. In fact, if you are emancipated, it may be difficult to get into an independent living program.
The order will be issued on the same basis as any other 16 to 18 year old minor. Remember that if you are emancipated, you will not be able to return to state-funded care. This is true unless the judge terminates the order. If your caseworker recommends emancipation, be sure to talk with your lawyer before you agree to an emancipation order. If you do not have a lawyer, get free legal help. Check this guide to emancipation if you are a youth in DCFS care. Probably not.
It is true that most emancipated minors live away from home. But merely getting away from home won't help. It is best if you are living in a stable location before seeking emancipation. A stable location can be friends or relatives' place or your own apartments.
It can take at least two months for the court to process your petition for emancipation. This means you need help from an adult you are close to, whose job is one of those on the list. This must be someone who is willing to say that they believe emancipation is in your best interests. Talk to that person about why you want to be emancipated. Ask the person if they are willing to fill out the affidavit portion of your petition. If they come to your hearing, the judge may also ask them questions.
After you finish using the Do-It-Yourself Emancipation tool, print the petition and give it to the person doing the affidavit. The affidavit is on the second page of the petition. The person completing the affidavit will need to sign it in front of a notary. A notary can usually be found at a bank or the court clerk's office. File your petition in the family division of the circuit court in the county where you live.
Some courts consider the county your parents, guardian, or custodian live in to be your residence until you are emancipated.
You should call your local court to determine the proper residency requirements. If you were not born in Michigan, you can file a petition as long as you are a resident of the State of Michigan. While some jurisdictions require you to live in your county for one year prior to filing a petition, other courts do not.
Read Fee Waivers in Court Cases to learn when and how to ask for this. Include any evidence you have with your petition. Evidence is what you show a court to prove your case. This might include pay stubs from your job or receipts for essentials you paid for yourself. It might also include certificates of accomplishment or other documents that show you have made mature decisions.
Evidence also includes testimony from witnesses. You can ask witnesses to come to court and testify. Your parents will get to ask them questions, too. Any witnesses you ask to speak on your behalf may write a letter or sign an affidavit, but it is best if they appear in court as well. To learn more about how to file your petition and other forms, see the checklist in the Emancipation — Becoming an Adult Before Age 18 toolkit.
You can get a certified copy of a death certificate from the vital records office of the county where your parent died. In most counties, you can order a copy in person, by mail, by fax, or online. You can also order a certified copy of a death certificate from the Michigan Office of Vital Records.
After you file your petition, you will need to have a copy of each paper you filed served on your parents. You must also serve a Notice of Hearing on the person who signed the affidavit. To learn more about how to serve these documents, see the checklist in the Emancipation — Becoming an Adult Before Age 18 toolkit.
If the judge investigates your petition, a court employee will look into what you said in it. This person may contact you, your parents, and the person who made the affidavit. They might talk to other people, too. Attend the hearing and be prepared to present your case to the judge or referee. Note: If you have a legal guardian, all of the information in this section about parents applies to your legal guardian and your case, too.
If you do not want to live with your parents, you do not necessarily have to get emancipated. You can:. This manual has a lot of answers about emancipation for teenagers. Skip to main content Skip to topics menu Skip to topics menu.
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