When Would a Child be Emancipated?

What is emancipation?

Emancipation refers to the removal of disability of nonage, which means that a person gains the rights and responsibilities of an adult, or freedom from the legal control and custody of their parents. This automatically happens when a minor turns 18 years old, however, early emancipation can be obtained.

When would a child be emancipated?

If a minor is at least 16 years of age, they will be able to petition the court to be emancipated. Furthermore, the minor can be married or living separately from their parents, but he or she must be able to support themselves.

It is important to know that if a minor has been married, he or she is considered to be an adult; however, a minor can´t get married without parental consent, even if he or she is emancipated.

Some factors that can be considered to grant emancipation include that the minor is financially independent, that he or she is mature enough to handle their responsibilities and affairs, but mostly, that the emancipation is in the minor´s best interest.

Why would someone want emancipation?

There are different situations when a person might seek emancipation or might self-emancipate, here are some reasons:

· Marriage: As we mentioned before, a minor is emancipated if he or she gets married, for which parental consent is necessary.

· Economic independence: if the minor can support themselves, this is a reason for getting emancipated, or at least is a minimum requirement regardless of the reasoning behind the decision.

· Abandonment of the parental home: a minor may want emancipation if their parents are not present, or if they are unable to support him or her. Another reason is when the parents cannot physically care for the child, are abusing them, or some other situation that may put the minor at risk.

· Military service: If a minor is enrolled in military service and fulfills it, the minor is now considered an adult.

There are other aspects that the court may consider to grant emancipation, so if you are considering emancipation, it is important to have legal guidance from an experienced attorney to help you with all the process needed.

About The Spatz Law Firm Blog

Russell A. Spatz, Esq. has been practicing as a Criminal Defense Lawyer in Miami Dade County for over 35 years. Having served as an Assistant State Attorney and Division Chief to two State Attorneys, Richard E. Gerstein, (1975) and Janet Reno, (1978), Russell A. Spatz, understands the complexities that are involved in defending a criminal case, and how to put his knowledge and experience to work for his clients as their criminal defense lawyer in Miami. Connect with Russell on Google.

Posted on May 27, 2021, in Uncategorized and tagged . Bookmark the permalink. Leave a comment.

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