How does a minor become emancipated from his/her parents?

idlawIn some cases, minors are better off being able to conduct their own affairs without their parents’ control. If this is the case, the court can grant the minor “Emancipation.”

Once a minor gets “Emancipation” they can conduct business, hold a job, enter into contracts and legally be able to be treated as an adult. In some cases, prenatal consent is required. If a minor is not “emancipated” any contract that they enter into will be considered void. This will come into effect for contracts like purchase agreements, service contract, or employment arrangements.

There are a number of reasons why a minor will seek emancipation. In most cases it is due to discontent at home, but it can be due to the fact that the minor has to live in a particular location because their parents or guardians live there. Sometimes a minor will request to be emancipated, because they want to enter a contract, but are unable to because of their parents.

A minor will only be given his/her rights to function as an adult, once the court has granted emancipation. If the parents have died or are unavailable, the court will grant emancipation without a court order.

The minor will have to start by filing a petition with their local county, requesting for emancipation. In this petition, the minor will have to state the reasons for requesting emancipation. In most cases, the minor must prove financial self-sufficiency for the process to start.