Parents or children can file for emancipation.
An emancipation is when a minor receives the legal rights and responsibilities of adulthood before he is 18 years old. Either parents or minors may file for emancipation. Specific emancipation laws vary from state to state.
Reasons for Filing
Parents can file for an emancipation of their child in most states when the child is 16 years of age. If a parent is unable to fulfill his legal obligation to provide for his child, he may wish to file an emancipation. Another reason parents file is when their child exhibits serious behavioral or disciplinary issues. Sometimes, a child may wish to be emancipated and her parent files for her.
General Rules
Despite state law variations, a child generally must be at least 16 and able to support himself independently of parental involvement. In most cases, the child must live outside of the parent's residence. All guardians must consent to the emancipation with few exceptions. "Implied emancipation" is effected by a new relationship of obligation and responsibility between the child and a third party that transforms the status of the child. Examples would be marriage or enlistment in military service.
Warning
Filing for emancipation is a serious event for both the minor and the adult. The adult forgoes all authority over the minor. An emancipated minor is legally responsible for his actions and welfare. Emancipation should be a decision made by both parent and child. Anyone wishing to file an emancipation should research the specific laws of her state and consult a lawyer.
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