Emancipation Of A Minor

Emancipation is the process of changing the legal status of a minor to that of an adult. An emancipated minor “has the capacity to perform juridical acts of a person of the age of majority.” That means that the minor can make legal decisions the same as an adult. A minor under the age of majority is subject to the rules of their parents or guardians. When a minor gets emancipated the parents no longer have liability or responsibility. Emancipation may be full emancipation or limited in capacity.

A minor can get emancipated in three ways - through marriage, by a judge, or by an “authentic act.”

Emancipation may be full or limited. 

Full emancipation gives you all the rights as a person 18 years or older even if you are not that age yet. A minor has all the abilities, capacities, and decision-making capacities of an adult.

Limited emancipation only gives limited rights of an adult. In a limited emancipation, the court decides which adult rights to give to the minor. The court may give some rights but not grant others. Limited emancipation gives you the right to perform certain acts of an adult. This may include signing a contract or consenting to medical care. If there is not a specific power stated in the limited emancipation, then a minor would not have that right.

There may be many reasons for a minor to get emancipated. Emancipation allows a minor to act with the powers of an adult and make decisions for themselves. In general, the minor must prove self-sufficiency as part of the process. Reasons for emancipation may include: 

Physical Abuse or Neglect:

Discontent at home may be one of the primary reasons to seek emancipation. This can be the case where there is domestic abuse or neglect by the parents or guardians.

Location Where The Minor Lives:

A minor may also want or need to live in one location while the parents and guardians live in another.

Parents Or Guardians Not Acting In Minor's Best Financial Interest:

Emancipation may be possible if a minor can provide for themselves. The minor must show that they have regular income. The parents and guardians must not be acting in the best financial interest of the minor.

Managing Property:

A minor might have property that may be better managed given their own authority to act and control. This might even be a practical matter where the parents and guardians agree.

The judge decides whether there is good cause to emancipate the minor. There are several different reasons why the judge may decide whether there is a good cause. 

The court can order you emancipated if you show "good cause" and that you are capable of managing your life (for example, you are able to pay your bills, have a place to live, and so on). If your parents treat you badly (for example, physically abuse you, neglect you, or do not allow you to attend school), or break the law in a way that harms you, that should be a "good cause" for emancipation. There may be other good causes.

For example: 

• Good cause for emancipation may be that a minor’s parents need to be protected. For example, if the minor has run away from home, then the parents may want to stop their responsibility for the minor. 
• Good cause for emancipation may be that the minor needs to make “juridical acts.” For example, the minor may operate a business and needs the right to contract with vendors or handle his/her own finances. 
• Good cause for emancipation may be that a minor’s parents refuse to support the minor.

You have to be at least 16 years old for this. Your parents/guardians do not have to agree to judicial emancipation. The court can order you emancipated if you show “good cause” and that you are capable of managing your life.

Full emancipation is automatic on marriage. You remain emancipated even if the marriage ends. You cannot change or end this kind of emancipation.