Emancipation Procedure

Any minor who wants to be emancipated from his or her parents must file a petition with the proper state court and then meet the criteria set forth by the court, which typically corresponds with the minor's best interests. For example, the minor must be able to support him- or herself financially in order to be considered for emancipation. The Emancipation Procedure sub-section of FindLaw's Family Law Center includes an overview of the minor emancipation procedure; the legal effects of emancipation; an explanation of the so-called “automatic emancipation,” a state-by-state directory of minor emancipation forms available for purchase; and more.

Learn About Emancipation Procedure

The Emancipation Court Procedure
An overview of the process involved in filing a petition for emancipation. Learn about the requirements of an emancipation petition, how the child’s best interests are defined, and much more.
Automatic Emancipation
In certain circumstances, a minor may be emancipated from his or her parents’ care without seeking a court order. Learn about the situations in which emancipation may be automatic, including joining the armed forces and getting married.

Criteria for an Emancipation Ruling
A look at the factors courts consider when making a minor emancipation determination. In this section, you’ll find information on common criteria for an emancipation ruling, including how to define the “best interests” of the child.
State Emancipation Laws
A collection of state laws on emancipation of minors. Learn about your state’s stance on minor emancipation, the process involved, the criteria considered when making a determination, and more.

Emancipation Procedure Articles