At some point before your eighteenth birthday, you′ll probably think about being on your own—or emancipated. But what does it mean exactly? What are the legal consequences of being “free” from your parents? Are there any drawbacks to emancipation before you turn eighteen?
An emancipated person is legally free from his or her parents or legal guardian. This means that your parents are no longer responsible for you or your actions, and you no longer have the right to be taken care of by them. The legal consequences of emancipation are the same as though you were an adult.
Photo by Are You My Rik? (Flickr)
A teenager becomes emancipated in one of two ways: either by a court order (if your state has an emancipation law) or by certain other circumstances.
Not all states have emancipation laws. Some states with emancipation laws include Alabama, Arizona, Arkansas, California, Illinois, Indiana, Kansas, Louisiana, Michigan, Mississippi, North Carolina, Oklahoma, and Tennessee. If your state has an emancipation law, take a look at the law and follow its requirements, and the court will either grant or deny your request for emancipation.
For example, you may have to show the court that you have a job, live on your own, and pay your bills, and that your parents don′t claim you as a dependent on their taxes. The court may then declare you a legally free teenager. Your lifestyle is taken into consideration in determining whether you′re emancipated or not.
Photo by Sergeant Killjoy (Flickr)
If your state doesn′t have an emancipation law, you still may become legally free from your parents before you′re eighteen. If you join the armed services or get married, you′re considered independent of your parents. Most states acknowledge your independence if either of these events occur before you reach the age of majority.
Teenagers who run away or are kicked out of their homes aren′t legally emancipated. Their parents may still be held responsible for their actions and will continue to have authority over them.
Responsibility shifts from your parents or guardians to you once you′re emancipated. You still may not have all the rights and privileges of adulthood (being able to vote, enter into contracts, buy property, etc.), but the experience of living independently while you′re sixteen or seventeen will be a learning experience in preparation for your complete independence.
If you′re emancipated and face a problem or situation that′s new to you, get some advice. Talk with someone you trust before you act or make a decision.
“No act of kindness, no matter how small, is ever wasted.” -Aesop
Find help now!
www.TroubledTeensWizard.com
Popularity: 4% [?]
I want to get emancipated because I feel that I am living in an unsafe environment. I am 17 and I live in Michigan. Do I have to have a job or can I simply live with a friend until I graduate and go from there. I turn 18 in April but I can’t stay in my house any longer. During the process of an emancipation can I stay with a friend until the judge decides whether or not it is void?
Judge Tom’s response:
The answers to your emancipation questions depend on the emancipation law in your state. That’s if Michigan, in your case, even has an emancipation law – not all states do. If there is one, they are usually very specific, with certain requirements you must meet to show that you’re truly independent and capable of supporting yourself. Google Michigan emancipation and you’ll find the specifics. Good luck.
so, what your basiclly saying is that if your state doesn’t have an emancipation law, what your saying is that anyone who is competent and over the age of 18 is already concidered as an adult correct? thank you.
Dear Heather: 18 is the legal age in most states under most circumstances regarding adulthood. At 18, you’re no longer a minor and, with or without an emancipation law, it doesn’t apply to you once you turn 18.
This is information only – not legal advice].
My son who is Sixteen doesnt want to move to michigan with his father and I. My husband is transfering his job there. My son told me he wants to be emancipated from us and stay here in Tennessee. He has no means of support and does not have a job. He is in eleventh grade and has one more year to graduate, if he does.
Dear Michelle: You need to look to the laws of Tennessee to find out whether there is an emancipation law and if so what the requirements are to become emancipated. Try Googling “Tennessee emancipation” to find out the specifics in your state. If you son has no means to support himself, no job and is a full-time student, the chances of the court granting a request for emancipation are not very likely. Try talking to your son about why he wants to stay there and how he intends to support himself. He may need to understand that moving with the rest of the family is in his best interest and that he’ll have to tough it out for his last year of high school. Good luck to you and your son.
[This is information only - not legal advice.]
I’m 16 and scared my mom is going to go back with her x husband who is not my dad. this man abused me between the ages of 5 and 11. I didn’t tell my mom about the sexual abuse. she drinks and is rarely home, she has taken in strangers to take care of them and they are in their 80s and they take care of me and i take care of them as mom is home once every two weeks if that. He hurt me by throwing me thru a window and down steps as well as making me stay home with my little brother to keep him quite and miss alot of school. I can stay with my girlfriends mom and be a ranch hand but my mom hates my girlfriend and her family. my mom steals my money that i work for as well as and money i get as a gift like birthdays. what can i do? scared and upset in arkansas
Dear George: Based on what you’ve described you should talk with a responsible adult about your situation. As a minor, the law protects you from abuse and neglect by those legally responsible for you. If you feel like you’re in danger from anyone or your living situation, contact the police or Child Protective Services. The Child Abuse Hotline in Arkansas is: 1-800-482-5964. Good luck.
[This is information only - not legal advice].
Im 16 and i don’t want to live my mom. I don’t think i could take much more. I already go take to a therapist and im on anti-depressants because of her. I have a little sister and i consider her my child. I potty trained her, taught her to tie her shoes, and i help her with just about everything. She tells her friends that i am more her mom than are own mom is. My mom is never here. She works all the time and when she isn’t working she is out with friends or her new boyfriend. I don’t get to do anything because i take care of my 13 year old sister. I don’t get to go to my high school dances or anything. I cant do it for much longer and i want to get emancipated from her. My boyfriend told my i could live with him. He has a stable job and goes to school. He is 18 and i think it is a good idea. I need to get away from my mom but i hate leaving my sister behind. But thats what im going to have to do.Me and my mom always fight. I never do anything right for her. I have lived with my grandparents twice and my aunt once but i have to get away from my mom. I don’t have alot of friends because they don’t like how my mom is with me. I live in Tennessee and i need to know if i would have a good case for court or not please help me. Any advise would be helpful. Thanks
Dear Kaley: You ask if your circumstances merit intervention or assistance from a court. It is possible and should be reviewed by your local Child Protective Services agency. They become involved in serious cases of abuse and neglect of children. You can contact them by calling 1-877-237-0004 or by filing a report online at: http://www.reportabuse.state.tn.us You could also discuss your situation wih an adult that you trust, a school counselor or relative. Good luck.
[This is information only - not legal advice].
im 16, my mom doesnt care about me. ive been living with my friend and my mom still doesnt try to find me or even talk to me. my friends parents are so nice to me and they treat me like im there own kid they buy me food they buy me cloths every thing i need they give me how can i get emancipation so i can live with my friend without waiting so long
Dear Sharon: You can contact your local court or public library to see if your state has an emancipation law and obtain the papers to file. Try Googling the name of your state and the word “emancipation.” If emancipation doesn’t exist where you live, maybe your Mom would agree to allowing you to remain where you are. She could sign a power of attorney over to your frind’s parents. The adults in your life have to be involved and agree. Good luck.
[This is information only - not legal advice].
they say having a baby your already emancipated? is that true?
Dear Ashley: It may or may not be true. It all depends on the laws in your state. Google “emancipation laws” and the name of your state to see the specifics regarding emancipation and the consequences of being an emancipated minor. It is unlikely that becoming a teen parent [unless you're 18 or 19] automatically emancipates you from your parents. That is the time when you’d need your parents more than ever. But every state has their own laws that differ from one another. Good luck.
[This is information only - not legal advice].