How to get a child 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.

Family Court Frequently Asked Questions (FAQ's)

How do I become an emancipated minor?

How do I object to an effort by the support collection unit to suspend my driver's license?

Where can I find a simple, easy to understand guide to Family Court?

How do I object to a final support order issued by a support magistrate?

How do I appeal a final order issued by a judge?

How do I obtain a copy of electronically or digitally recorded proceedings?

How do I enter into a stipulated settlement for child support?

2019 Child Support Standards Act chart

What is the New York State Child Support Enforcement Program and how does it work?

Emancipation of Juveniles in New York State

There is NO official court process in New York State for a youth to be declared "emancipated". Unlike some other states, New York does not issue so-called "emancipation orders." A determination of emancipation is "ancillary" to some other proceeding. That means that as part of another proceeding a finding may be made that a youth is emancipated, but only with regards to that particular proceeding. For example, the filing of a support petition in Family Court may result in an order declaring a youth to be emancipated, but only with respect to a party's obligation to support the youth.

Support Obligation:
Children are deemed "emancipated" and parents no longer have an obligation to support them if children become economically independent of parents through employment, entry into military service, or marriage, and may also be deemed constructively emancipated if, without cause, they withdraw from parental control and supervision.

Under the "withdrawal from parental control doctrine," a child who is not financially self-sufficient may nevertheless be deemed emancipated so as to relieve the parents of their support obligation if he or she abandons the parental home without sufficient cause and refuses to comply with reasonable parental demands.

Where a child leaves home for good cause or with approval of the custodial parent, a child retains his/her right to support from their parent.

School Registration:
It is NOT necessary to have a court-appointed legal guardian for an "emancipated" youth to enroll in a school district different from that of the natural parent. Often Schools or agencies request copies of "emancipation papers." What they may be asking for is an affidavit or other sworn or verified document which sets forth the reasons the youth believes she/he is an emancipated minor. Such documentation is NOT provided by a court.

Important Ages to Remember:
1. Under 21: Parents are liable for support, subject to the child's obeying reasonable rules and regulations of the household.
2. Under 18: Parents are subject to Family Court jurisdiction for neglecting the child's support needs or for abusing the child.
3. Under 18: The child is subject to Family Court jurisdiction as a Person In Need of Supervision if she/he fails to obey the reasonable rules and regulations of the household, such as by running away or being otherwise incorrigible.

For answers to specific questions regarding your rights and/or obligations as an "emancipated" minor, or his/her parent, you should consult your lawyer.

Objection to Driver's License Suspension

Please be advised of the following procedures regarding objections to driver's license suspensions:

1) Once you have received notification from the Erie County Support Collection Unit that an action has been commenced seeking to suspend your driver's license, a written challenge may be filed with the Erie County Support Collection Unit, 95 Franklin Street, Buffalo, New York 14202.

2) If you receive a written denial, an objection may be filed with Family Court (within 35 days of notification of the denial). In order to file the objection, you would need the following:
a) a copy of the denial letter;
b) a completed "Objection to Support Collection Unit Denial of Challenge to Driver's License Suspension" (Form 4-22)
c) a completed affidavit of service.

3) If you are in possession of these three items, the "objection" would be: filed with the Court (One Niagara Plaza, 3rd Floor - Support Magistrates Office), held for the 10-day rebuttal period, and then forwarded to the appropriate Judge. A decision would be rendered on the papers alone (without a hearing) and the parties would be advised of the disposition.

full legal capacity at 16

Tamara Skokova

guardianship and guardianship 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 do you learn

who and in what cases can recognize the teenager as fully capable of
How to get full legal capacity through the guardianship authority
How to get full legal capacity through the court
What does emancipation for a teenager
Plus and minuses of emancipation

How to raise children and not go broke

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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 lower the marriageable age, you can appeal 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.

/list/early-marriage/

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 business 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.

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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 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 one's 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 has no 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 limits remain: such a teenager under 18 still cannot, for example, drive a car, vote or buy alcohol.
An emancipated adolescent is fully and independently responsible for his obligations, including for harm caused to him. Legal representatives are no longer responsible for this, even if the teenager does not have money to compensate for the damage.
An emancipated teenager no longer receives alimony and must also support disabled parents.
Emancipation is an irrevocable act and cannot be undone.

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How to achieve emancipation at 16: conditions, order, pitfalls

Author Ekaterina Novitskaya To read 6 min Views 1.1k. Posted 11/30/2021

Until the child turns 18, he has to enlist the support of his parents to perform all significant actions. But for those teenagers who strive for independence, Russian legislation has provided for the emancipation procedure. It allows early declaration of full legal capacity and legal independence from parents at the age of 16.

Let's talk about how to declare emancipation for a teenager, what are the advantages of a new status for a teenager and what are the pitfalls in acquiring full legal capacity.

Contents

Benefits of having full legal capacity

When a teenager turns 18, they have full legal capacity. Literally, this means that a person can independently conclude transactions and bear property responsibility for them. After reaching the age of majority, you no longer need to ask your parents for permission to sign contracts and conclude transactions.

Thus, a child can own an apartment starting from his birth, but, for example, he will not be able to sell it without the consent of his parents until he is 18 years old. Or a teenager can open an individual entrepreneur at the age of 16, but in order to freely conduct business without taking into account the opinions of guardians and parents, he will have to wait 18 years.

If a teenager is not satisfied with this situation, he/she can undergo the emancipation procedure or early acquisition of full legal capacity at the age of 16.

An emanated child will not need to obtain parental consent to conduct their own business, to conclude transactions for the sale or lease of real estate. He will be able to move to live in another city and independently choose an educational institution or clinic to receive educational or medical services.

Although an emancipated child has more rights, he/she retains the due labor and other benefits based on age, and a survivor's pension.

What are the consequences of emancipation for a teenager and what are its disadvantages

There are pluses and minuses in the fact that a teenager acquires full legal capacity early. Therefore, before deciding to undergo the procedure, you need to carefully weigh everything. Here are some shortcomings of emancipation , which most often stop teenagers from initiating the start of the procedure for recognizing their legal capacity:

After receiving the status of fully capable , parents are no longer responsible for the obligations of the emancipated. On the one hand, a teenager strives for such independence, but on the other hand, now he will have to pay all the fines and compensations for causing harm himself.
Emancipation is an irrevocable act. You can't change your mind and cancel it later.
Not all companies and people will agree to enter into transactions with a teenager , even if he has emancipation documents due to the risks of invalidating the contract.
Emancipation does not mean the acquisition of rights for which an age limit has been established. Until the age of 18, a teenager will not be able to buy alcohol and cigarettes, serve in the army, become a guardian, participate in elections and run for office, receive a driver's license of categories A, B, C.

When a minor can declare himself legally capable

Legislation provides two ways for early declaration of full legal capacity, starting from the age of 16:

Emancipation (according to Art. 27 of the Civil Code). The procedure is available only to those children who have gained financial independence from their parents: they work under an employment contract or conduct entrepreneurial activities. Thus, one desire to lead an independent life is not enough. You need an official contract with an employer or the status of an individual entrepreneur - a freelancer will also be denied emancipation.
Marriage (according to paragraph 2 of article 21 of the Civil Code). A citizen under the age of 18 acquires full legal capacity from the moment of marriage and does not lose it even after a divorce. At the same time, before the age of majority, marriage can be concluded only for exceptional reasons and with the consent of local governments.

Procedure for recognizing a teenager as emancipated

The procedure for declaring a person fully capable is possible in two ways:

Through guardianship authorities (applies by default) - if parents agree to emancipation.
By court order - if the parents or guardianship authorities refused to support the child in the pursuit of emancipation.

Through guardianship authorities

To initiate the emancipation procedure for a teenager, he or his parents must apply to the guardianship authority with a petition. It must be accompanied by written parental consent.

It takes no more than 2 weeks to consider the application in the guardianship authorities (in exceptional cases - up to 1 month). The decision to emancipate a teenager is quite responsible, because as a result, the teenager takes on the obligations of an adult. When considering the application, the guardianship authorities will take into account the following circumstances:

Duration and stability of labor or entrepreneurial activity.
Size and regularity of income, their sufficiency for independent living.
A teenager owns property.
The state of health of a teenager, the level of mental development and life experience that would allow him to independently participate in transactions.
Emancipation motives.

Please note that the administrative regulations for recognizing teenagers as emancipated may differ in the regions.

What documents are required

The following documents are required to declare emancipation through guardianship authorities:

Application for full legal capacity.
Passport of the applicant and parents.
Consent of both parents to the recognition of full legal capacity.
Documents confirming independent labor activity: an employment contract, a copy of a work book, an extract from the USRIP and a tax return - for entrepreneurs.
Documents confirming the ownership of property - for example, an extract from the USRN (optional).

If the parents evade their duties or it is not possible to locate them, the decision may be made without regard to their position.

The result of consideration

Based on the results of consideration of the application, the guardianship authority will issue:

a decision to recognize the minor as fully capable
OR refusal to recognize a minor as fully capable.

If the guardianship authorities refused to satisfy the application for emancipation or the parents opposed such a decision of the teenager, you should go to court.

Through the courts

In order to be emancipated through the courts, a teenager must apply to the district court at the place of residence with an application to declare him or her fully capable.

Such cases are considered with the obligatory participation of guardianship authorities and the prosecutor. The statement of claim must indicate:

Name of the court.
Information about the plaintiff and parents, their contact details.
Grounds for emancipation under Article 27 of the Civil Code: labor relations entrepreneurial activity.
Circumstances that make extrajudicial emancipation impossible: refusal of parents or guardianship authorities.
Requiring the court to recognize full legal capacity.
Date and signature.
List of attached documents.

If the court satisfies the stated requirements, the minor is declared emancipated from the day the court decision comes into force.

Summary

Emancipation is a procedure for recognizing a teenager as fully capable, which is available from the age of 16. When a child is recognized as emancipated, he can independently sign contracts and conclude transactions without the consent of his parents.
To announce emancipation, one desire is not enough: a teenager must work under an employment contract or conduct entrepreneurial activities.
If there is no stable income, the only way to gain full legal capacity before the age of 18 is to get married. But this will require compelling circumstances.
The decision on the emancipation of a teenager is made by the guardianship authorities (with the consent of the parents) or the court.
Despite emancipation, some rights will not be available to a teenager before the age of 18.
Learn more