What is emancipation?
Emancipation is when you are legally declared an adult; who is responsible for their own food, housing, and medical care.
How old do you have to be to apply for emancipation?
At least 16 years old
Rights of an Emancipated Minor:
- Live on their own
- Apply for loans and go into debt
- Get medical records
- Agree to medical, dental, and mental care
- Apply for school
- Request welfare and other social services
- Enter into binding contracts
- Sue someone or be sued
- Buy and sell real estate
- Operate certain equipment and perform certain services
If the Court grants the request for emancipation:
- Parents have no legal responsibility to provide food, housing, or medical care
- Parents cannot claim the income of the minor
- Parents cannot be held legally responsible for the actions fo the minor
The Court will consider the following factors in deciding whether to grant a request for emancipation:
- Wishes of the minor
- Opinions of the parents or guardians
- Financial or employment situation of the minor
- Education background and plans of the minor
- Criminal record
- Understanding of the rights and risks of emancipation
- Maturity level of the minor - ability to handle personal, financial, and social affairs
The minor will also have to submit at least ONE of these to the Court:
- Proof that they have been living on their own, apart from parents for at least 3 months; or
- Statement explaining why their current living situation is not safe or healthy; or
- A signed, notarized consent to emancipation from the parent or guardian.