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How to Get Emancipated

How to Get Emancipated

Are you a minor being abused and beaten up? Is your life in danger? Are you going to be able to financially support yourself in a way that you feel self-sufficient? If it isn't so severe, then you're probably just trying to escape, which is not always the best idea. Read this article to understand how to get emancipated.
Madhura Panse
Children begin by loving their parents; as they grow older they judge them; sometimes, they forgive them. ― Oscar Wilde

"Let me be!" becomes a relentless cry that slowly goes around another corner, and then comes to an alley where you're a teen; and then, that same relentless, subtle cry turns to an outburst of rebellion where you do everything in your capacity and incapacity to get out; and sometimes, plenty of times, even the most irrational. I know you may be in such a stage, where it's either do or die for the hell-bent, or do or cry for the ones who're tired of where they are, at this juncture. There are some simple ways to deal with situations of the like. And you're certainly not a lone soul whose voice needs to be heard, and who's feelings fly in sparks to be seen. We all dislike control. We all want to be free. A lot of times, the control exerted over us by our parents, in the form of discipline may feel suffocating, a dominant force that leads you to suppress a lot of things that you'd otherwise love to freely express. But if you're just a rebel without a cause, you needn't read on how to get emancipated.

Definition of Emancipation

The act or process by which a person is liberated from the authority and control of another person.

The term is primarily employed in regard to the release of a minor by his or her parents, which entails a complete relinquishment of the right to the care, custody, and earnings of such a child, and a repudiation of parental obligations. The emancipation may be express-pursuant to a voluntary agreement between the parent and child - or implied from conduct that denotes consent. It may be absolute or conditional, total or partial. A partial emancipation disengages a child for only a portion of the period of minority, or from only a particular aspect of the parent's rights or duties. There is no determinate age when a child becomes emancipated; it usually, but not automatically, occurs upon the attainment of the age of majority.

Parents are responsible for their children's well-being, especially in deference to the basics that are feeling, clothing, education, and acting to their child's best interest until they reach the 'age of majority', or the age where children are considered adults. Emancipation refers to the juncture, where a minor becomes self-supporting and self-sufficient, assuming adult responsibility for his or her own welfare, and is no longer under the care of parents. When a minor is emancipated, he/she assumes the rights, privileges, and duties of adulthood before reaching the age of majority. But, if you're a minor and do achieve emancipation, you cannot take part in activities like buying/drinking alcohol, voting, or getting married, as all of these require age of majority.

Statutory Age for Emancipation

The statutory age in which a minor can petition a court for emancipation is at least 16 years of age or older, and below the age of majority which is 18 years in most states.

Automatic Emancipation

Even if you're a minor, some actions can cause you to get emancipated from your parents' control without seeking court order. These are:
  • Joining the military
  • Getting married
  • Reaching the age of majority (which is usually 18 years)
Petition to Courts

If you want to petition to your state court for emancipation from your parents' care and control, you're required to give proof of your age and residence (claiming that you reside in that particular state where you're filing the petition). The court needs a valid reason as to why you require emancipation. Your parents must be given notice of the proceeding. You have to prove that you're mature enough to care for yourself, which means supporting yourself financially, providing yourself with a roof above your head, and being sound enough to make your own decisions. There are some states that require you to already support yourself partially or entirely. Most statutes do not consider state financial support or 'general assistance' when they determine your ability to support yourself.

The court will look at all details to decide whether emancipation is in your best interest. If your situation changes, you can be declared to be returned in to your parents' care. In Illinois, the court states the limits of emancipation clearly, if this order is in your best interest, and can allow for decrees of 'partial emancipation'.

Criteria for Emancipation

You will certainly have to fulfill certain criteria:
  • Ability to support yourself financially by way of legal work, and knowing how to make money legally in the current situation and the future
  • Arrangements for housing yourself
  • Being sound enough to make your own decisions
  • Proving yourself to be mature enough to function as an adult
The Rights, Privileges, and Duties in Emancipation
  • Entering contracts and leases
  • Being a party to a lawsuit, either as plaintiff or a defendant, in your own name
  • Buying or selling real estate, or other property
  • Writing a valid will
  • Inheriting property
  • Enrolling in school
  • Getting married
  • Agreeing to myriad kinds of medical treatments
The criteria and requirements are pretty much the same in both the states California Florida; except that in California you can petition for emancipation from the age of 14 years. I hope this article has answered some of your questions about emancipation. I do wish you the best whichever way you choose to go!