emancipation

  • silentscream
    19 years ago

    please tell me all you know about this

  • Kaitlin Kristina
    19 years ago

    I was looking into being emancipated last year, but found it to be a lot of work and not worth it. You will have to look it up online, but basically you either get your parents to emancipate you or you have to fill all these requirements and go before a judge to prove you are capable of taking care of yourself (better care than your parents could offer).

    It's very rare and very hard to get done, unless your parents choose to emancipate you.

    Google it, every state is different.

  • silentscream
    19 years ago

    i need to get out of this house
    no one should live like this
    i will live w/ someone else not by myself
    i cant google it b/c they will find out
    please post it
    thanx

  • pinkalias
    19 years ago

    why is this posted in every forum?

  • Kaitlin Kristina
    19 years ago

    Emancipation Law and Legal Definition
    Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand.
    Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. For example, a parent might consent to allowing a child to establish a separate household. In other cases, a parent may force the minor to leave and support him/herself. Generally, parental consent is required, except in cases of parental misconduct that causes the mnior to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts. State laws on emancipation vary, so local laws should be consulted for specific requirements in your area.

    Sometimes the emancipation of a child ends the obligation of a divorced parent to pay child support. When a child reaches the age of emancipation, the duty of a parent for child support often ends. However, the age of emancipation varies by state. Also, a parent may be obligated to support a child for a longer period, such as through college, under a divorce decree. Emancipation will not relieve a parent from obligations to pay past due child support amounts.

    Requirements for emancipation vary by state, but typically a minor who seeks a court order of emancipation must prove that:

    1. The minor is a certain minimum age or older.
    2. They willingly want to live separate and apart from their parents with the consent or acquiescence of the parents. (The parents do not object to the minor living apart from them.)
    3. The minor can manage their own finances.
    4. The minor has a source of income that does not come from any illegal activity.
    5. Emancipation would not be contrary to the minor's best interests; it is good for them.

    State laws vary, so local laws and domestic relations or family court procedures should be consulted for specific requirements. Some state statutes provide for recognizing the emancipated status of a minor granted emancipation in another state.

    The following is an example of a Florida statute involving emancipation:

    "743.015 Disabilities of nonage; removal.--

    (1) A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16 or older residing in this state upon a petition filed by the minor's natural or legal guardian or, if there is none, by a guardian ad litem.

    (2) The petition shall contain the following information:

    (a) The name, address, residence, and date of birth of the minor.

    (b) The name, address, and current location of each of the minor's parents, if known.

    (c) The name, date of birth, custody, and location of any children born to the minor.

    (d) A statement of the minor's character, habits, education, income, and mental capacity for business, and an explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met.

    (e) Whether the minor is a party to or the subject of a pending judicial proceeding in this state or any other jurisdiction, or the subject of a judicial order of any description issued in connection with such pending judicial proceeding.

    (f) A statement of the reason why the court should remove the disabilities of nonage.

    (3) If the petition is filed by the natural or legal guardian, the court must appoint an attorney ad litem for the minor child, and the minor child shall be brought before the court to determine if the interest of the minor will be fully protected by the removal of disabilities of nonage. The attorney ad litem shall represent the child in all related proceedings.

    (4) If the petition is filed by the guardian ad litem or next friend, service of process must be perfected on the natural parents.

    (5) If both parents are not jointly petitioning the court for the removal of the disabilities of nonage of the minor, service of process must be made upon the nonpetitioning parent. Constructive service of process may be used, provided the petitioning parent makes an actual, diligent search to discover the location of, and provide notice to, the nonpetitioning parent.

    (6) The court shall consider the petition and receive such evidence as it deems necessary to rule on the petition. If the court determines that removal of the disabilities of nonage is in the minor's best interest, it shall enter an order to that effect. An order removing the disabilities of nonage shall have the effect of giving the minor the status of an adult for purposes of all criminal and civil laws of the state, and shall authorize the minor thereafter to exercise all of the rights and responsibilities of persons who are 18 years of age or older.

    (7) The court shall consider the petition and, if satisfied that the removal of the disabilities is in the minor's best interest, shall remove the disabilities of nonage; and shall authorize the minor to perform all acts that the minor could do if he or she were 18 years of age.

    (8) The judgment shall be recorded in the county in which the minor resides, and a certified copy shall be received as evidence of the removal of disabilities of nonage for all matters in all courts."

    Relevant legal forms include:

    AOC-J-900M; Juvenile Petition for Emancipation
    AOC-J-901M; Final Decree of Emancipation
    AOC-J-902M; Certificate of Emancipation
    Motion to Terminate Child Support on the Basis of Emancipation
    Order to Terminate Child Support on the Basis of Emancipation
    Emancipation Pamphlet
    Notice of Hearing - Emancipation of Minor
    Petition for Declaration of Emancipation of Minor, Order Prescribing Notice, Declaration of Emancipation, and Order Denying Petition
    Emancipation of Minor - Income and Expense Declaration
    Declaration of Emancipation of Minor After Hearing
    Emancipation Information
    Application for Decree of Emancipation
    Emancipation Information-Espanol
    WPF EM 01.0100 - Petition for Emancipation (PTE)
    WPF EM 01.0400 - Decree of Emancipation (DCE)
    WPF EM 01.0500 - Order Denying Petition for Emancipation (ORDYMT)
    Emancipation Petition
    Emancipation - Removal of Disability of Minority Package

    http://www.uslegalforms.com/lawdigest/legaldefinitions.php/emancipation.htm

  • Kaitlin Kristina
    19 years ago

    I just ran across a website that said that you cannot get emancipated in Deleware.

    http://www.jlc.org/home/mediacenter/factsheets/emancipUSA.html#o

  • silentscream
    19 years ago

    why???

  • silentscream
    19 years ago

    omg this is bad
    do i have any rights
    am i gonna have to run away
    what can i do
    it like hell here
    help me

  • Kaitlin Kristina
    19 years ago

    Are you being abused or neglected?

    If you run away you'll get registered as a run away and they'll find you. Let's get to the bottom of this before we go giving rash advice (elbows Matt).

  • silentscream
    19 years ago

    yes i am

  • silentscream
    19 years ago

    i need out

  • Kaitlin Kristina
    19 years ago

    If you are seriously being abused or neglected you need to go to the police or a school councelor.

  • silentscream
    19 years ago

    im scared

  • Kaitlin Kristina
    19 years ago

    Call the police, they wont tell your parents. Explain to them your situationa and inquire as to your legal rights. I am assuming you dont have the money to consult a lawyer, so you must go to the authorities.

  • silentscream
    19 years ago

    i cant go to the police im scared
    b/c if i dont win and i have to stay here
    things will be worst
    then what

  • Kaitlin Kristina
    19 years ago

    When my sister ran away and my parents called the cops the police found her all 4 times.

    There were different circumstances I guess.

  • silentscream
    19 years ago

    i dont know
    um is it true if i am pregnant
    that i can do the um... emancipation thing???
    since i live in delaware

  • Kaitlin Kristina
    19 years ago

    You REALLY need to talk toa councelor before you go making LIFE ALTERING (and immature)decisions like that.