Becoming emancipated is a big step toward independence, but it involves a legal process that can be complex. To get emancipated, you must file a petition, go through a court hearing, and receive a declaration of emancipation.
What is Emancipation?
Emancipation is a legal process where a minor is released from their parents or guardians. Once you're an emancipated minor you are no longer your parents or legal guardian's responsibility, you will have to take care of everything in your life, housing, food, medical care, transportation etc. But you will still have to follow certain laws like going to school until you graduate high school.
How to Get Emancipated:
1. Petition: In most states your parents or guardians have to file (online or in-person) a formal request with the court asking for emancipation on your behalf. Then, the judge will schedule a hearing, a meeting in court.
2. Notification: Both parents have to be notified before the hearing.
3. Hearing: A judge will meet with the minor and parents to review your case, see how mature you are and if emancipation is in your best interest. Courts don’t like to terminate parental responsibility without good reason.
4. Declaration of Emancipation: If approved the court will issue a legal document declaring you emancipated.
How Old Do You Have To Be To Get Emancipated?
In states that allow emancipation the process usually starts when a minor is 14 but some states require you to be 16 or older. The age for emancipation varies from state to state. For example in Wisconsin emancipation is not allowed unless you get married (with consent) or join the military.
Benefits of Emancipation
Emancipation gives you some freedoms like making personal decisions, entering into contracts and managing your own finances. But even after emancipation you are still subject to age-based laws. For example, you still cannot drink until you are 21. If you are under the age of 18, you cannot buy tobacco products. You may also live in a state that still requires parental consent for you to marry, even if you are emancipated. Read more in our article on When should a Minor Seek Emancipation?
Challenges of Emancipation
Being on your own can be really tough, even for people who have reached their legal adult age and feel prepared to enter the adult world of work, bills, taxes, and multiple other responsibilities. Emancipation gives you freedom but it comes with the weight of responsibility. You will have to pay bills, find housing and handle medical care on your own. And you won’t get full adult rights like voting or buying firearms until you reach legal adulthood.
Should You Get Emancipated
To a minor, emancipation can sound like a good solution to problems at home. In reality, emancipation actually puts greater responsibility on a child while still not allowing the child to enjoy adult privileges. If you are considering asking for emancipation, the best first step after discussing it with your parents or legal guardian is to consult with an experienced emancipation attorney who can advise you on the laws and process in your state of residence.
Feel free to give the attorneys at O'Flaherty Law a call at 630-324-6666 or schedule a consultation and we would be happy to help you.
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