Your Child Can Get A “Divorce” From You
It’s Called “Emancipation of a Minor.”
“Emancipation from the bondage of the soil is no freedom for the tree. “— Rabindranath Tagore
Did you know that once your child turns 18 years old, they are considered an adult and no longer a minor in most states? This means that they are now responsible for themselves and their actions.
Even though turning 18 is a significant milestone, it doesn’t mean that everything automatically changes — they still need to take steps to become emancipated if they want to be independent of their parents.
When you are a minor, your parents are responsible for you. They make decisions about your life for you, and you have to follow their rules.
Emancipation is a legal process that allows minors to become adults and be responsible for themselves. When you are emancipated, children are no longer under the care of their parents.
In some states, if one parent agrees to the emancipation of their child, then it can happen. In other states, both parents must approve of emancipation before it can happen.
Once they are emancipated as a minor, they will be able to make decisions about their life without first consulting with their parents or guardians. This includes decisions about education and work.
The emancipation process is different for each state. For example, in California, you must be at least 16 years old and living apart from your parents or legal guardian to be emancipated.
A person becomes an adult at 18 years old in most states. But, if they were married or emancipated before this age, they would be considered adults.
Emancipation is when a minor becomes an adult through a court order and not through marriage or reaching the age of majority (18).
Two paths to emancipation
There are two ways to become emancipated: voluntarily or involuntarily.
Voluntary emancipation happens when one parent agrees to the emancipation of their child. In most states, this is all needed for emancipation to happen. Yet, in other states, both parents must agree on emancipation before it occurs. If only one parent agrees, the other parent may file for involuntary emancipation.
Involuntary emancipation happens when one or both parents disagree with the emancipation of their child. This is a more complicated process that requires legal involvement and court dates, and other steps such as mediation between parents/guardians and minors involved in this case.
If you are thinking about becoming emancipated from your parents, talk to them first! They might be willing to compromise on some issues so that both parties feel like they’re getting what they want out of the situation.
Sometimes parents don’t agree with their children being emancipated because it will hurt them financially or emotionally (i.e., losing contact with grandchildren).
If these reasons aren’t enough for your parent(s), then try explaining how much better off you’ll be without adult supervision — especially if there is abuse or neglect at home.
Once you are emancipated, it’s essential to remember that you are now an adult and responsible for your actions. This includes following the law!
So make sure you stay out of trouble and always think before acting. Emancipation is when a minor becomes an adult, with all the rights and responsibilities. It’s not something to take lightly — there are many things to consider before deciding to become emancipated.
What are the Benefits of Seeking Civil Emancipation of Minors?
The benefits of seeking civil emancipation of minors are vast; these are a few examples.
- Minors can live independently without any financial help from their parents.
- Minors are no longer required to follow the rules set by their parents.
- Minors can work or go to school without parental consent or knowledge.
- The minor’s income will not be counted as part of the family’s income for tax purposes.
- The minor can enter into contracts and sue someone without needing a parent or guardian to represent them.
- The emancipation process gives the minor some control over their life and future.
How Can I File for Emancipation of a Minor?
Suppose you are interested in filing for the emancipation of a minor. In that case, it is best to speak with an attorney who can help you navigate through the process. You can also find more information on your state’s website by searching for “emancipation of minors.”
The emancipation of a minor usually requires that the person be at least 16 years old. Still, some states allow minors as young as 14 to petition for emancipation. The child must live apart from their parents or legal guardians to be emancipated.
The emancipation process can be initiated by either the minor or their parents and usually requires a written statement from the parent. Once emancipated, minors have most of the same rights as adults, including living independently, working, going to school, and entering into contracts.
Emancipation allows minors to become adults and be responsible for themselves — this means they no longer need to follow parental rules or get financial help from their parents.
So, what do you think? Is emancipation something you knew existed? This is a big decision, and it’s not one to be taken lightly. If your child wanted to be emancipated from you, would you agree? Why or why not?
Disclaimer: This blog post provides general information only and should not be taken as legal advice. For specific questions or concerns, please speak with an attorney who can help you navigate through the emancipation process in your state.
This article was first published on Medium.com.