Emancipation of minors
From Wikipedia, the free encyclopedia
 |
This article or section has multiple issues. Please help improve the article or discuss these issues on the talk page.
|
 |
| Family law |
| Entering into marriage |
| Prenuptial agreement Marriage Common-law marriage Same-sex marriage |
| Legal states similar to marriage |
| Cohabitation · Civil union Domestic partnership Registered partnership Putative marriage |
| Dissolution of marriage |
| Annulment · Divorce · Alimony |
| Issues affecting children |
| Paternity · Legitimacy Adoption · Legal guardian Ward · Emancipation of minors Foster care Parental responsibility Contact (including visitation) Residence in English law Custody · Child support |
| Related areas |
| Spousal abuse · Child abuse Child abduction · Child marriage Adultery · Bigamy · Incest |
| Conflict of laws |
| Marriage · Nullity · Divorce |
Emancipation of minors is a legal mechanism by which a minor is freed from control by their parents or guardians, and the parents or guardians are freed from any and all responsibility toward the child. Until an emancipation is granted by a court, a minor is still subject to the rules of their parents or guardians.
In most countries of the world, adolescents below the legal Age of Majority (adulthood) may be emancipated in some manner: through marriage, economic self-sufficiency, educational degree or diploma, military service, or obtaining medical conditions in a form of diseases such as AIDS, HPV, or other STDs.
Whether parental consent is needed to achieve the "emancipated" status varies from case to case. In some cases, court permission is necessary. Protocols vary by jurisdiction.
Contents |
[edit] Emancipation in the United States of America
A person is a minor (and therefore under the control of his parents or guardians) until he attains the Age of Majority (18 years in most states), at which point he is an adult. However, in special circumstances, a minor can be freed from control by his guardian before turning 18. In most states, the circumstances in which a minor becomes emancipated are enlisting in the military and marrying, both of which require parent or guardian consent, or obtaining a court order from a judge, which does not.
The exact laws and protocols for obtaining emancipation vary from state to state. In most states, the minor must file a petition with the family court in the applicable jurisdiction, formally requesting emancipation and citing reasons why it is in his best interest to be emancipated. The minor must prove financial self-sufficiency. Many states require that the minor has been living separate from his parents or guardians for a period of time; however, consent of the parents or guardians is necessary in order to avoid being classified simply as "running away." In some states, free legal aid is available to minors seeking emancipation, through children's law centers. This can be a valuable resource for minors trying to create a convincing emancipation petition. Students are able to stay with a guardian if necessary.
What an emancipated minor is legally able to do depends heavily on state law. Many states, for example New York [1], grant emancipated minors no additional rights over unemancipated minors except the rights to personal control over property, finances and residency.
Emancipations are rarely granted, because of the subjectivity and narrowness of the definition of "best interest." On one end of the spectrum are minors who have been victims of abuse; in most cases, the state's department of child services will be notified and the child placed in foster care. On the other end of the spectrum are minors who are seeking emancipation for reasons such as being dissatisfied with their parents' or guardians' rules. In those cases, the emancipation will most likely be denied and the minor will be sent back home with the parent or guardian.
[edit] People who have been legally emancipated as children
- Drew Barrymore, actress
- Courtney Love, singer/actress [1]
- Nikki Reed, American film actress and screenwriter
- Jena Malone, actress
- Rose McGowan, actress
- Dominique Moceanu, gymnast
- Alicia Silverstone, actress
- Michelle Williams, actress
- Jaime Pressly actress
- Macaulay Culkin, actor
- Natasha Henstridge, actress
- Brad Kesten, actor
[edit] People who have requested but not received legal emancipation
- Tiffany Darwish, singer
- Aaron Carter, singer
[edit] See also
[edit] References
- ^ "Emancipation of Teens", Oakland Tribune, accessed October 19, 2008.
