How can a child be emancipated

Emancipation of Minors | How to Get Emancipated

A minor who is "emancipated" assumes most adult responsibilities before reaching the age of majority (usually 18). The law doesn't consider emancipated minors to be under the care and control of parents. Instead, they take responsibility for their own care. Read on to learn about how a young person can reach emancipation and the kinds of responsibilities and liabilities that come with it.

What Is Emancipation?

Usually, parents or legal guardians are responsible for children who haven't reached the age of majority. This age varies from state to state, but it's usually 18 or 19 (it's 21 in Puerto Rico). Until a child has reached the age of majority, the law expects parents to provide them with shelter, food, and clothing. Parents can also decide where their children will live and go to school and choose what medical care their children will receive.

Once a young person becomes emancipated, the parent or guardian no longer has any say over the minor's life. An emancipated minor can keep earnings from a job, decide where to live, make medical decisions, and more.

What Emancipated Minors Can and Cannot Do

Essentially, an emancipated minor functions as an adult in society. 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 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.

Most states place some limits on what an emancipated minor can do. 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).

How Can a Minor Obtain Emancipation?

Eligibility can vary depending on state laws, but usually, minors can obtain emancipation from parents or legal guardians by:

getting married
joining the military, or
obtaining a court's permission.

A few states and territories (like Louisiana and Puerto Rico) allow a fourth form of limited emancipation that requires only parental consent, not the court's permission.

Emancipation by marriage. In most states, minors automatically achieve emancipation once they get married. But to get married, minors must comply with state marriage requirements. States set a minimum age for marriage and often require minors to get parental consent or court approval before getting married. For example, to get married in California, a minor must 1) be at least 14 years old, 2) be accompanied by a parent or legal guardian, and 3) appear before the court. (Cal. Fam. Code § 302. )

Emancipation by military enlistment. Minors can become emancipated by enlisting in the United States Armed Forces. But since military policies currently require enlistees to have a high school diploma or GED, most young people are at least 17 or 18 before they become emancipated through enlistment.

Emancipation by court permission. Some (not all) states allow emancipation by a court order. Usually, the minor must be at least 16 years old to do this—although, in California, minors as young as 14 may petition the court for emancipation. (Cal. Fam. Code § 7120.) The court will grant emancipation if it believes that doing so will serve the young person's best interest. The court will evaluate many of the following factors when deciding whether to grant emancipation:

whether the minor can be financially self-sufficient (usually through employment, as opposed to government aid or welfare)
whether the minor is currently living apart from parents or guardians or has made alternative living arrangements
whether the minor is mature enough to make decisions and function as an adult, and
whether the minor is going to school or has received a high school diploma.

Procedures for Judicial Emancipation

Minors seeking emancipation through a court order must follow the petitioning procedures that state law sets out. Though the process varies from state to state, here's what the court procedure for filing an emancipation petition typically looks like:

Petition. The minor must fill out a petition (or an attorney can fill it out on the minor's behalf). Usually, the petition includes an explanation of why the minor is seeking emancipation, information about the minor's current living situation, and evidence that the minor is (or soon will be) financially self-sufficient.

Notification of parents. In most states, minors must notify their parents or legal guardians that they filed the petition for emancipation—or explain to the court why they do not want to do so.

Hearing. In most cases, the court schedules a hearing where the judge asks questions and hears evidence to decide whether emancipation is in the minor's best interest.

Declaration of emancipation. If the court decides that it should order emancipation, it will issue a Declaration of Emancipation. The newly emancipated minor should keep copies of the declaration and give them to schools, doctors, landlords, and anyone else that would normally require parental consent before dealing with a minor.

Alternatives to Emancipation

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:

getting help from the government or private agencies
getting counseling for yourself or your family
using a mediator to discuss and resolve differences with your parents
living with another responsible adult, or
living on your own with the informal consent of your parents.

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.

Emancipation of a Minor | The Maryland People's Law Library

Topics on this page

Partial or Complete Emancipation
Routes to Emancipation of a Minor
Emancipation Procedure
Emancipation Without Going to Court
Bringing an Emancipation Case to Court
Making the case
What is your goal (and why does it matter)?
Which court has jurisdiction (or where do I go)?
Can a minor go to court on his/her own to be emancipated?

Partial or Complete Emancipation

Emancipation of a minor generally refers to the process of freeing a minor (person under age 18) from parental control. It means that the parent is no longer legally responsible for the acts of the child. It can allow the child to set up his/her own living arrangement. Emancipation of a minor may also refer to freeing the earnings/income of a child from the control of a parent.

Maryland courts have said that emancipation can be either partial or complete.

Complete emancipation means the parents are no longer legally responsible for the child in any way.
Partial emancipation means that child is emancipated only for:
- A certain period of time, or
- A special purpose (such as the right to earn and spend his/her own wages), or
- A part of a parent's rights (such as the right to make decisions about a pregnancy).

Read the law: Holly v. Maryland Automobile Insurance Fund, 29 Md.App.498 (Court of Special Appeals, 1975)

Routes to Emancipation of a Minor

There are four general ways in which a minor may be emancipated (completely or partially).

A minor reaches the age of majority. In Maryland, this is age 18. At age 18, a person is an adult and does not need to be emancipated.
Certain situations occur, such as marriage or entering the military occur. In these situations, it usually does not make sense to say that a parent must still support a minor and have control over his/her actions. Members of the military are subject to government control. A husband/wife generally have a duty to support his/her spouse. There are limitations. Read more information from The People’s Law Library on marriage and military service.
Misconduct by a parent. "Parental abuse, neglect or failure to support" or other misconduct are key factors that a court might consider in an emancipation action. For example, in a 1943 case, a son was considered emancipated by the court as the result of his father's "intemperate and brutal treatment". It is critical to note that the decision was based on the facts of the case. In this case, the son was self-supporting, had left the parental hom,e and was 18 at the time. (Before July 1973 the age of majority was 21). Lucas v. Maryland Drydock Co., 182 Md. 54 (Court of Appeals, 1943)
A parent (formally or informally) agrees to give up (some or all of his/her) parental control. For example, a parent might consent to allowing a child to establish a separate household, or a parent may force the minor to leave and support him/herself.

Emancipation Procedure

This is a "gray" area of the law in Maryland. Unlike many areas of the law, there are no clear rules that say who may petition the court, what types of relief (solutions) you can request, and what procedures need to be followed. The “law” on emancipation in Maryland is not clear-cut as there is no written statute or court rule that sets out a procedure for emancipation. The lack of a special procedure means that judges often must rely upon something called “common law”. Common law is the compiled history of what other judges in the past have said and what the common “practice” has been.

Practically speaking, this means that there is no routine self-help court form that can be filed by someone representing him/herself. The bottom line is that there is no easy answer to the question of what the law says about emancipation. It depends on:

Who you are (parent or child) and
Your goals – the situation you are trying to address.

Emancipation Without Going to Court

There are situations in which a child is "emancipated" without obtaining approval from the court. However, to the extent a child's emancipation becomes a legal issue, whether a child is emancipated will really depend on the facts of a specific situation.

Read the case: Holly v. Maryland Auto Insurance Fund, 29 Md. App. 498 (Court of Special Appeals 1975)

For example, evidence of emancipation might include the facts that a minor moved out of the parent's house and was self-supporting while managing their own affairs, or that parent did not try to make the child return. It could also include an actual, express or written agreement demonstrating the intention of the parent and child that the child be emancipated.

However, it is important to remember that a child, as a minor, is considered by the law to not be competent to enter into such an agreement. Thus, the agreement cannot be binding on the parent or the child and will not, in of itself, shield the parent from a charge of neglect, or conclusively demonstrate that the child is emancipated for legal purposes. For more information, see the section below on Making the case.

There may be other situations in which the parent and/or child may want to seek court approval of their agreement. As the legal procedure is not clear cut, it can be difficult to pursue. There are no court-approved forms. You certainly will need the help of an attorney.

Bringing an Emancipation Case to Court

The courts become involved when there is the need for formal action. In parental abuse and neglect cases, Child Protective Services will be involved.

Some courts analyze other court decisions to help them decide the right path. This helps you to research similar situations and to see what legal issues a judge might look for. You will notice that the judge sometimes looks at cases decided in other states. Where the written law in Maryland is unclear, a judge may sometimes look at what other judges in other states have said. Remember, judges are looking at only the facts of the case before them. If you are researching case law, the more the facts of your situation resemble the facts in a case that has already been decided, the more likely the case will apply to you. It's a good idea to consult with an attorney to help determine whether case law would apply to your situation.

Making the case

In Holly v. Maryland Auto Insurance Fund, 29 Md. App. 498 (1975), the court summarized past Maryland court decisions in this area. Unless the minor has turned 18, the emancipation of a child cannot be the result of any act of the child alone. Emancipation requires some action by the parent (such as abuse or neglect), or by the minor with the permission of the parent (such as marriage). In making its decision, the court will focus on the relationship between the parent and child and the goals of the person bringing the case.

Read more about how Maryland defines child abuse and neglect by clicking here.

The minor seeking to be emancipated will need to prove facts to the court. Each case will be looked at on its own merits. Some facts that may make a court more likely to emancipate a minor are:

A parent has abandoned the minor.
A parent mistreats the child.
A parent no longer wishes to have control over the child and is willing to relinquish his/her rights and obligations to the minor.
The minor is self-supporting.

What is your goal (and why does it matter)?

Your goal matters because there may be different solutions to your problem depending on whether you are a parent or a child and what you are trying to achieve.

For example:

Are you a minor living away from your parents who are receiving public benefits on your behalf?
Are you a child seeking independence from your parent(s)?
Are you a minor trying to receive welfare or other help from social services?
Are you a parent who wants to give your child the power to make his/her own decisions such as where to live?
Are you a parent who wishes to end your support obligation?
Are you a parent who does not want to be responsible for your child’s actions?

Which court has jurisdiction (or where do I go)?

The question of jurisdiction is partly the question of which court has the power to hear and decide a certain type of case. In Maryland, the county Circuit Court has jurisdiction (legal authority) over emancipation cases. In Baltimore City, Baltimore County, Montgomery County, Anne Arundel County, and Prince George's County, the county Circuit Courts maintain a Family Division, which specifically handles family law and emancipation cases. If you are a minor, the Circuit Court in the county where you live will most likely have jurisdiction over your case. If you are a parent, the county where your child lives will probably have jurisdiction.

Can a minor go to court on his/her own to be emancipated?

In Maryland, this is one answer that is relatively clear despite the lack of specific emancipation procedures. A minor generally does not have the right to take unilateral (by him/herself) action to start an emancipation action. Only a few states provide a procedure for a minor to file for emancipation. Maryland does not. Parents or other interested parties, like social workers, can ask the court to authorize an emancipation.

The prosecutor explains - the Prosecutor's office of the Orenburg region

Prosecutor explains

March 9, 2021, 14:22

Emancipation of minors

Text

Emancipation is the declaration of a minor who has reached the age of 16 as fully capable (that is, capable of exercising civil rights and performing duties by his actions). As a general rule, full legal capacity arises upon reaching 18 years of age. The declaration of a minor as fully capable (emancipated) with the consent of both parents (legal representatives) is made by decision of the guardianship and guardianship authority, and in the absence of parental consent - by a court decision. Parents deprived of parental rights are not entitled to consent to the emancipation of the child. A minor who has reached the age of 16 may be declared emancipated if he works under an employment contract (including under a contract) or engages in entrepreneurial activities with the consent of his parents. If the consent of the parents (legal representatives) or one of them to the emancipation of the child is absent, who has reached the age of 16, has the right to apply to the district court at the place of his residence with an application to declare him fully capable. and the prosecutor. When the court satisfies the stated requirements, the minor is declared fully capable (emancipated) from the date the court decision enters into legal force. From the moment of emancipation, the minor acquires civil capacity in full. At the same time, his parents (legal representatives) are not liable for his obligations arising, in particular, as a result of causing harm to them. Emancipation is not the only possible way for a citizen to acquire legal capacity in full before he comes of age. So, if, for reasons established by law, a minor entered into marriage before reaching the age of 18, he acquires full legal capacity on the date of marriage registration. The legal capacity acquired in this way is retained in full even in the event of divorce before reaching the age of 18. At the same time, an emancipated minor does not acquire rights and obligations, in respect of which an age limit is established by federal law. For example, he cannot be called up for military service, cannot obtain a driver's license (with the exception of the right to drive vehicles, the issuance of which is allowed from the age of 16). The explanation was prepared by the prosecutor's office of the Leninsky district of Orenburg

Emancipation of minors

full legal capacity at 16 years old

Tamara Skokova

guardianship authority specialist

Author profile

A child under 18 cannot open a bank account or buy a car without parental approval. But sometimes coming of age can be accelerated.

For adolescents who seek independence, the law provides for an emancipation procedure - early declaration of legal independence from parents. This can be done as early as 16 years old.

I will tell you how to declare a teenager emancipated, what are the conditions, pros and cons of obtaining early legal capacity.

What you will learn

Who and in what cases can recognize a teenager as fully capable
How to get full legal capacity through a guardianship authority
How to get full legal capacity through the courts
What does emancipation mean for a teenager
The pros and cons of emancipation

How to raise children and not go broke

The best materials on how to cope with parenthood and get the most out of every Tuesday in your mail. Free of charge

Who and in what cases can recognize a teenager as fully capable

As a general rule, a person is recognized as fully capable from the day following the day on which he turned 18 years old. For example, if the birthday is on Wednesday, then the age of majority will come on Thursday. From this day on, a person has the right to independently exercise his rights and obligations.

Up to this point, the adolescent's legal capacity is limited: without parental approval, he can only manage the money he receives, such as salary, scholarships, royalties, gifts.

paragraph 2 of Art. 26 Civil Code of the Russian Federation

From the age of 16, a teenager has the opportunity to pass exams and drive a moped, motorcycle and ATV. For everything else, written parental consent is required.

Art. 26 Federal Law "On Road Safety"

But sometimes you can get legal capacity ahead of schedule. There are two options:

Marriage - from the date of receipt of the marriage registration certificate.
Emancipation of a teenager who has reached the age of 16 and has gained financial independence. A child can be declared emancipated either by a territorial guardianship body with the consent of both parents, or in a disputable situation - by a court of general jurisdiction.

Let's take a closer look at both options.

Marriage. According to the civil code, a teenager under the age of 18 acquires legal capacity in full from the date of receipt of a marriage certificate. And does not lose it even in the event of a divorce.

item 2 art. 21 of the Civil Code of the Russian Federation

But there is a nuance: marriage before the age of majority is possible only if there are good reasons and with the consent of local governments. Valid reasons may be, for example, pregnancy, the birth of a child in adolescents, and others.

paragraph 2 of Art. 13 SK RF

If the administration refuses to reduce the marriageable age, it is possible to appeal against its decision in court. You also need to take into account that the procedure and conditions for early marriage may depend on the region. For example, in the Murmansk region, you can get married from the age of 15, and in the Moscow region - from 14.

Emancipation. The procedure is available only to adolescents who have gained financial independence from their parents: they work under an employment contract or are engaged in entrepreneurial activities.

paragraph 1 of Art. 27 of the Civil Code of the Russian Federation

Therefore, two conditions must be met:

Reach the age of 16 years.
Conclude an agreement with an employer or obtain the status of an individual entrepreneur.

Other financial sources of a teenager are not taken into account, for example, income from securities, bank deposits. It turns out that we are not talking about the actual income of a teenager, but about recognizing him the possibility of labor or entrepreneurial activity with a constant income. Therefore, if an emancipated teenager quits or stops registering an individual entrepreneur, his emancipation will not be canceled.

In contrast to the marriage of a teenager, where the acquisition of full legal capacity by him occurs automatically, emancipation requires an "announcement". This is done by the decision of the guardianship authority or by the court - in case of disagreement of the parents or refusal of the guardianship authority.

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5 reasons why teenagers can get married

How to get full legal capacity through the guardianship authority

A teenager who has reached the age of 16 can apply to the guardianship authority at the place of registration and attach to application:

Birth certificate.
Passport.
Passports of their legal representatives - that is, parents or guardians.
Written consent of legal representatives in free form.
Documents confirming labor activity: an agreement with an employer or an entry sheet in the USRIP on registration of an individual entrepreneur.

What to do? 06/26/19

I am 16 years old and I want to move out from my parents

The application will be considered within a maximum of 15 working days. If all is well, the teenager will be declared fully capable.

Sample application of a teenager to the guardianship authority for recognition of full legal capacity. Be sure to indicate your source of income and provide parental consent

Each region has its own administrative regulations, and documents for emancipation should be submitted taking it into account: for example, in some regions you can apply for emancipation at the MFC, and in others - only at the guardianship authority.

You can find the addresses and phone numbers of guardianship authorities on the official website of the region. So, for Moscow it is "Mos-ru", and for St. Petersburg - "Portal of public services of St. Petersburg".

How to get full legal capacity through the court

If one of the legal representatives of a teenager does not agree or the guardianship authority does not recognize emancipation, the teenager has the right to obtain status in the district court at the place of residence.

To do this, he must apply to the court to recognize him as fully capable. It is not difficult to determine the right court: most likely, it bears the name of the registration area indicated in the passport. You can check whether your address is within the jurisdiction of the court on its website in the "Territorial Jurisdiction" section.

/kak-podat-v-sud/

How to file a lawsuit in court

The following must be indicated in the application to the court:

income and the like.
Refusal of the guardianship and guardianship authority, parents or other legal representatives to give consent to emancipation. If the legal representatives refused to agree verbally and do not want to fix the decision in writing, the guardianship authority will reflect this in the conclusion for the court.

The application is considered at a court session with the obligatory participation of the applicant himself, at least one legal representative, a representative of the guardianship and guardianship authority, and a prosecutor. If the legal representative fails to appear, he is obliged to notify the court of the reasons for the non-appearance and present evidence of the validity of these reasons. If the failure to appear is due to the fact that the representative was not properly notified, the trial is postponed.

Art. 288 Code of Civil Procedure of the Russian Federation

As a result, the court either satisfies the application of the minor, or refuses. The latter is possible, for example, if the court doubts the financial independence of a teenager.

Here is an example of a court decision that found a teenager to have full legal capacity despite his father's opposition. The latter believed that his son was still too young in his development and did not give an account of his actions. And he wants to emancipate himself in order to sell the share in the apartment registered to him without the consent of his father.

In addition to the employment contract, the court of first instance drew attention to the characteristic from the school that the teenager brought: teachers noted that in his actions he is always guided by the interests of the good of the cause, and not by his own benefit, speaks the truth, actively fights against what he considers unfair, enjoys prestige among classmates. This allowed the court to conclude that the father’s doubts about the immaturity of his son are unfounded and the boy has no obstacles to gain legal capacity.

What emancipation means for a teenager

An emancipated teenager and a person who is married before the age of 18 receive the same rights and obligations. Here are the main ones:

the right to engage in entrepreneurial activities without parental consent;
the right to independently defend their rights and legitimate interests in court;
the right to independently dispose of real estate;
liability for his obligations with property belonging to him;
parents or guardians are no longer liable for his obligations, in particular those arising from harm caused to them.

Emancipated adolescents become full-fledged participants only in civil legal relations. Other age restrictions and qualifications - electoral and administrative - are not cancelled. That is, such a teenager will not be able, for example, to vote in elections or buy alcohol and cigarettes. Also, he can be drafted into the army only from the age of 18.

sign. 11 p. 2 art. 16 of the Federal Law on the regulation of the production and circulation of alcohol

paragraph 1 of Art. 22 of the Federal Law on military duty and military service

Here is another thing that a teenager under 18 does not have the right to do:

drive a car;
acquire self-defense weapons, as well as sporting, hunting, signal weapons and edged weapons;
be a guardian or custodian, adopt a child.

Rights and guarantees in the field of labor protection do not change after emancipation. According to labor legislation, a sparing regime is applied to a teenager: he cannot work in hazardous and dangerous industries, business trips and overtime are unacceptable, and his working week must be reduced - a maximum of 35 hours.

Art. 92, 265, 268 of the Labor Code of the Russian Federation

Even minors are given extended paid leave - 31 calendar days. From the age of 18, it is reduced to 28 days.

Pluses and minuses of emancipation

The plus of emancipation, in addition to the expansion of civil rights, is in the formation of legal consciousness: a teenager learns to be accountable for his actions and to bear responsibility.

Of the minuses, it can be noted:

a minor is still a child who will not always be objective and firm in his decisions. Until he gets enough life experience, he can act impulsively. And his indiscretion in the field of entrepreneurship can lead to financial losses;
Parents or guardians are involved in the process. Some parents push their children to emancipation for selfish reasons in order to stop supporting them. Others, on the contrary, do not give consent, because, for example, they are afraid that the teenager will sell the property registered to him;
becoming emancipated, an adolescent loses his former rights and acquires new ones. For example, a minor under 18 is entitled to receive alimony from his parents, an emancipated teenager is not. Moreover, he is now obliged to pay alimony to disabled parents.

/prava/prava-deti/

Rights of children under 18

What is the result

Emancipation is the recognition of a teenager from 16 to 18 years of age as fully capable. To do this, he must be financially independent - work under an employment contract or engage in entrepreneurial activities with the consent of his parents.
There is another way to get the rights of an adult under 18 years old - to marry. Moreover, depending on the region of the country and circumstances, the status can be obtained after 14 years.
Some emancipation age requirements remain: such a teenager under 18 still cannot, for example, drive a car, vote or buy alcohol.
An emancipated teenager is independently and fully responsible for his obligations, including for harm caused to him.
Learn more