How do I become emancipated?

The word “emancipation” literally means to become free from the control or restraint of another. In the context of emancipated minors, emancipation is essentially a legal procedure whereby children become legally responsible for themselves and their parents are no longer responsible (financially or otherwise) for their children. Thus, emancipated children are freed from parental custody and control and essentially become “adults” in many ways.

Parents generally have the legal right to custody and control of their unemancipated minor children. Parents can decide where their children will live, what school they will attend, what medical treatment they will receive, and what religion their children will practice. An emancipated minor, on the other hand, is free from such custody and control.

Emancipation in General

As soon as an individual turns 18 he or she legally becomes an adult and is automatically emancipated from such parental custody and control. Likewise, when a minor marries or joins the armed forces (with parental consent and permission from the court), he or she becomes emancipated from his or her parents.

Although in some states a minor can become emancipated simply by declaring himself or herself emancipated, in California a minor over the age of 14 has to petition the court and obtain a declaration of emancipation from a judge Ö a complex proceeding.

Some parts of the United States have quite liberal procedures. Louisiana and Puerto Rico, whose legal systems rely heavily on European law, allow parents to confer a limited form of emancipation on their children with very little interference from the judicial system. A number of states or regions such as Illinois and the Virgin Islands also allow an expedited form of emancipation with parental consent, although this legal procedure is only designed for older teenagers. MORE.. http://usmarriagelaws.com/search/united_states/emancipation_of_minors/index.shtml

Dear bob1334134, Your first step should be to see the school counsellor. They will begin tests to determine your disability. They will also help you examine just what some of your problems may be at home. If you do indeed have a disability leaving home would not be the best thing at this time unless you are suffering abuse there…then please ASAP confide in a counsellor, doctor or trusted adult. It’s always good to get a professional opinon when things are going badly. Sue…good luck

Hi bob1334134,

I see you live in Virginia. While laws for emancipation from parents vary state to state, here are some basic requirements and the process:

To be emancipated, you must either:

1. Be living APART from your parents and managing your own money
2. Be in the armed forces
3. Be married
4. The court must decide that an emancipation is in the best interests of you or your parents

The process of emancipation:

Either you or your parents can start the emancipation process. The person who starts the process files, or has a lawyer file, an “emancipation petition” with the court. If you need a lawyer to start this process or to defend yourself and you cannot afford one, the juvenile court may appoint one for you at no charge.

There will be a meeting (or hearing) in front of a judge to talk about the emancipation petition. Only the judge can order the emancipation.