Emancipation is the legal process for children to become independent from their parents before they turn 18. In most states, once someone turns 18, the law sees them as an adult who no longer needs parental permission to seek medical care, enroll in activities, or sign contracts. An emancipated child receives these rights before they turn 18; thus the law sees them as an adult. Once the child becomes emancipated, their parents will no longer have custody of them and will not be able to control their actions or finances. Emancipation is a permanent process, but in some cases the court may cancel it if the emancipated child cannot financially support themselves.
This article will discuss how to become emancipated if you believe you would be better off out of your parents’ control. Please note, this decision should not be taken lightly as you will have to provide for yourself once emancipated.
Should I Get Emancipated?
An emancipated minor has a lot more responsibilities than their peers. You will need to provide for yourself financially and handle living arrangements and other needs like food and medical care. Once you have been emancipated, your parents will no longer owe you responsibility, and you will be largely on your own. You should not get emancipated just because you had a fight with your parents; this process is only beneficial to minors with abusive or neglectful parents.
Some reasons to be emancipated from your parents include:
- Abusive or neglectful parents
- Your parents have kicked you out
- You are financially independent from your parents
- You are legally married
- You have moral objections to living with your parents in their current living situation
Carefully consider your decision to become emancipated and read everything you can about it. Some of the things you will be responsible for once you become emancipated are:
- Finding and paying for living arrangements
- Seeking and paying for healthcare
- You may be held financially liable or sued for your actions
- You will be responsible for signing legally binding contracts
- You will be responsible for your needs like food and clothing
Please note that becoming emancipated will not allow you to buy alcohol or vote; you will have to wait until you are legal age to do those things. Our attorneys recommend you think carefully about the decision to become emancipated and weigh up all the options before you pull the trigger.
How to Get Emancipated
There are two ways other than an emancipation proceeding to get emancipated. They are:
- Join the armed forces – Your parents will need to give you permission to sign up, and the armed forces will need to accept you.
- Get married – In most states, you will need parental permission and/or court permission to get married under the age of 18. Check your state marriage laws.
If neither of these situations applies to you, then you will need to seek a declaration of emancipation from a judge to become emancipated. To do so, you will need to be between 14 and 18 years old, and your parents must not mind it if you move away. To become emancipated, you will need to prove that you can make your own money legally and you can handle your own money. You will need to show evidence that you would benefit from being emancipated.