Emancipation of Minors: The Court Procedure
The process through which a minor goes before a court to request emancipation is called a petition for emancipation. Read on to learn more about the requirements involved and how courts reach decisions in emancipation cases. For general information on emancipation, see the FindLaw emancipation section.
Emancipation Petition Requirements
Minors petitioning their state courts for emancipation from their parents' care and control are normally required to prove their age and that they are residents of the state where the petition is being filed. They must tell the court why they are seeking emancipation. Parents generally must be given notice of the proceeding.
In addition, minors must show the court that they are sufficiently mature to care for themselves. This means that the minor can financially support himself or herself, provide for his or her own shelter, and make appropriate decisions on his or her own behalf. Some states require that the minors already support themselves and live totally or partially on their own. Most state emancipation statutes exclude state financial support, general assistance or general relief programs, or welfare when determining the minors' ability to support themselves. Some states also specifically exclude criminal or illegal forms of support.
Minor's Best Interests
The court then looks at all the evidence in order to determine whether emancipation is in the minor's best interests. This best interests concept is similar to the test applied in child custody cases. Since an emancipation order must be in the minor's best interests, if the minor's situation changes, such an order can, in some states, be rescinded by the court and the minor declared to be returned to the parents' care and control. The state of Illinois, for example, allows for court decrees of "partial" emancipation, where the court clearly states the limits of emancipation, if such an order is in the best interests of the minor.
States with no statutory provision or procedures for minors to apply for emancipation may still determine or confirm that minors have been emancipated through the common law or case law in that state. Minors file a petition with the court and provide the information necessary, such as proof of financial independence, adequate housing arrangements, and sufficient maturity. The court then determines that such a confirmation of emancipation from parental care and control is in the best interests of the minor.
Best Interests Factors
The factors or criteria used to determine if emancipation is in the minor's best interests vary among the states. However, some criteria are commonly found:
- Whether the minor is able to support himself or herself financially, either currently or in the future
- Whether the minor is currently living apart from his or her parents or has made adequate arrangements for future housing
- Whether the minor can adequately make decisions for himself or herself
- Whether the minor is attending school or has already received a diploma
- Whether the minor exhibits sufficient maturity to function as an adult
For more on these factors, read the Criteria for an Emancipation Ruling article.
Questions? Get Legal Help for Your Emancipation Case Today
There are many reasons why a minor would want to petition the court for emancipation. Perhaps there are serious disagreements with a guardian or maybe the minor is planning to move in with another family figure. Regardless of the reason, an experienced attorney can walk you through the process. Get started today by contacting a family law attorney near you.