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Having your day in court

What You Should Know About Seeking Emancipation As A Minor

by Beverley Lopez

Are you an independent minor seeking emancipation from parents or guardians? Since emancipation guidelines vary from one jurisdiction to the other, you will need legal counsel. Below are things to look into before seeking emancipation.

Age Requirement

Emancipation age requirements differ from state to state. In order to avoid rigorous research and time consuming inquiries, it is better to hire a family lawyer. The lawyer, knowing the various statutes and age limitations, will encourage or discourage you to pursue emancipation based on the laws of your area.

Some jurisdictions will allow emancipation of minors from the age of 14 years. In some cases, emancipation is automatic irrespective of age. If you join the army for instance, it automatically means you are emancipated. If you reach the age of majority, it also means you are automatically emancipated. Marriage also qualifies you for automatic emancipation.

Notification

Once your lawyer has determined whether you meet the age requirement, your parents should then be notified. In most jurisdictions, if the parents are reluctant to go ahead with the process, it cannot continue successfully. However, it is not impossible to go ahead with the process especially if your lawyer can claim parental abuse or prove that you already live all alone independent of your parents.

Your Best Interest

Your lawyer, knowing the criteria courts use in determining emancipation of minors, will at once encourage or discourage your pursuit of emancipation. The level of maturity you demonstrate may work in your favor as will your decision making skills. If, for instance, you cannot demonstrate financial security, now and in future, the court will not grant emancipation. If you are still living with your parents and have made no plans for rent or otherwise, the court will not grant emancipation. Your level of education, however, may work in your favour, especially if you already have a diploma.

If you want to be emancipated as a pregnant minor, your lawyer may advise marriage to the father of your child, resulting in automatic emancipation.

Court Procedure

Once your lawyer has determined that you are within emancipation age, that your parents have been notified and that emancipation is in your best interest, he/she will file an emancipation petition. The success of the petition is based on how well your lawyer demonstrates that emancipation is in your best interest. Note that the emancipation hearing may take some time, so do not petition a court and expect results at once.

Since the law varies from one jurisdiction to the next, it is too taxing for a minor to go ahead with the emancipation process without a family lawyer. For more information, contact a law firm like Walker Pender Group.

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