Family Law: Emancipation of a Minor

Kirbo Law Firm is a family owned and operated law firm, with decades of experience supporting family law and personal injury cases in Moultrie, GA. Although emancipation cases aren’t as frequent as personal injury or divorce cases, it is a subject matter we take seriously. If you or a family member are considering pursuing emancipation, you should learn about the basics before making any decisions. Our Moultrie attorneys and legal aides have organized a couple of key points to educate you on what to expect and why below:

What is emancipation?

A minor who has been emancipated receives the responsibilities of an adult before the age of 18. Once a minor has gone through the process of emancipation, the parent(s) no longer has a legal tie to the minor’s livelihood. This being said, the minor now has the ability to live separately, make his or her own healthcare choices, and obtain full earnings from a job position.

The emancipation process can go one of three routes: the minor is married through parental consent, the minor receives permission from a court, or the minor joins the armed forces. Our Moultrie Family Lawyers can provide legal advice that would help determine the best option for the minor or parent(s).

To receive emancipation through marriage, the minor must abide by state requirements, have consent from the parent(s), and appear before a court – which typically requires the support of an attorney or experienced family law firm.

What is the process for emancipation?

To receive emancipation through a court’s permission the minor must be at least 16 years of age, with the exception of California in which the minimum age is 14. Through this process the court takes into consideration certain factors such as:

• Financial independence/stability
• Whether or not the minor has a GED or high school diploma
• If the minor is living separately from the parents or has made arrangements

If the court determines the minor meets the above qualifications, he or she is then granted emancipation. Moultrie Family Lawyers is here to help you through this process in court.

Emancipation through military enlistment requires a GED or high school diploma from the minor at which point they may become emancipated. Once a minor has become emancipated they acquire the rights to purchase real estate, receive a work permit upon application, make medical choices regarding healthcare e.g. abortion or birth control matters, and go to the school of his or her choosing.

Emancipated minors do not have the right to discontinue their education, buy or consume alcohol, get married without consent of the parent(s), and vote before the legal age of 18.

The process of emancipation can be a difficult road to navigate without the proper legal guidance. At Kirbo Law Firm we are dedicated to helping you find the best solution for your situation. Contact us today to speak with one of our Moultrie Family Lawyers about your legal needs.

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