Emancipation Of Minors- How Emancipation Lawyer Can Help You
Emancipation of minors is a vital legal process that allows a juvenile to be freed from the control of parents or guardians before attaining the age of majority.
In this legal process, the guardian or parents are also freed from the responsibility of managing the minor.
In this article, the concept of emancipation of minors and ways to acquire an emancipation lawyer will be discussed.
What Is Emancipation?
Usually, parents or legal guardians are recognized for their responsibility of individuals not attaining majority. This age usually varies from region to region, from the age of 18 or 19 in most areas.
The law expects that until the minor has attained the majority, their parents provide them with shelter, food, and clothing. During this period, the parent or legal guardian also has the freedom to choose the medical assistance, living location, and education the child would receive.
The process of emancipation results in the minor individual living their life on their own terms. This means the parent or the legal guardian would not have any say regarding the emancipated individual.
During this period, the emancipated minor has the right to keep their job earnings, decide on accommodation, and make other vital decisions previously taken by the parent or legal guardian.
What Are Emancipated Minors Can And Can Not Do?
Generally, an emancipated minor acts as an adult within society, but specific rules regarding emancipation can vary from state to state. An emancipated minor can do the following things:
●Enter into legally valid contracts, which could include real estate purchases or rental of apartments
●Live apart from parent or legal guardians
●Enrol in any educational institutions
●Sue or be sued in a court of law
●Apply for a work permit
●Keep income earned from a job
●Make decisions related to healthcare, including birth control and abortion.
Various states within the US have been noted to produce limits regarding the doings of an emancipated minor.
The boundaries that are set against emancipated minors are:
●Get married without the consent of parents
●Buy or drink alcohol
●Vote or acquire a driving license before attaining the age of majority
Ways A Minor Can Acquire An Emancipation
Eligibility for emancipation varies from state to state within the United States. Minors can acquire emancipation from parents or legal guardians.A few states and territories within the US, like Louisiana and Puerto Rico, have been known to form a fourth form of emancipation that only requires consent from parents and not court permission.
The ways a minor can emancipate are as follows:
Emancipation By Marriage
In most states of the United States, minors acquire the award of emancipation through the occurrence of marriage. However, children seeking to marry are mandated to comply with state marriage requirements. States in the United States have been recognized for their ability to set a minimum age for marriage and often require consent from parents or legal guardians or permission from the court to get married.
For instance, a minor willing to get married in California must be of the minimum age of 14, be accompanied by a legal guardian or parent, and appear before the court (Cal. Fam. Code. §. 302).
Emancipation By Court Permission
Certain states in the United States are allowed the process of emancipation by an order of the court. Usually, the minor must be at the age of 16 to be emancipated in most states in the US. This means a 16-year-old individual can get emancipated by the court’s order. On the other hand, California is one state that allows minors as young as 14 years to participate in the emancipation process (Cal. Fam. Code §. 7120).
The court grants emancipation to a minor if it has enough evidence that the decision would serve the minor’s best interest. The court would consider the purpose of giving freedom to a child.
These considerations include:
●Whether the minor can stay self-sufficient (these might include the ability for the minor to be employed, which is opposed to government aid or welfare)
●Whether the minor has been able to make alternative living arrangements that do not include their parent or legal guardian
●Whether the minor is going to school or has acquired a diploma from the school
Emancipation By Military Enlistment
Minors can emancipate by being listed in the United States Armed Forces.
However, military policies require enlistees to have minimum eligibility for having a high school diploma or GED.
Due to this, emancipation in this term would be required to be at the age of 16 or 17 before they become emancipated by the process of military enlistment.
Ways An Emancipation Lawyer Would Help You In The Process
Minors seeking emancipation through court would be required to acquire assistance from a professional lawyer having experience in the field.
This is because the process of emancipation is a complex legal process that might not be in the knowledge of a minor. Due to this, it is crucial to hire experienced lawyers who will assist you in completing your emancipation process successfully.
The assistance the emancipation would be providing to the minor is as follows:
●The lawyer would assist the minor in filling out the petition for emancipation.
●The emancipation attorney would notify the legal guardians or parents of the minor regarding the filed petition for the emancipation of their child.
●An emancipation lawyer would also assist the minor in hearing the petition on behalf of the minor in court.
●Declaration of emancipation will also be provided by the emancipation lawyer to the minor. This means the lawyer will provide the minor with documents declaring his or her emancipation.
Emancipation is a great way through which a minor will be able to act as an independent adult within society.
This will also provide the minor with a sense of independence and prepare them fora life as a responsible adult. It might be difficult for parents to accept the early leaving of their children from their families.
But it is crucial for a minor seeking to acquire emancipation that acts in their best interests. So, it is advisable to consult an experienced lawyer for the emancipation process.