Four Things That Your Child May Need To Prove To Be Emancipated


Is your child toying with the idea of emancipation? Has he or she been preparing for an emancipation application? You may be wondering why the court may allow your "child" to start being an "adult." Well, according to the laws and regulations governing emancipation, there are several things that your son or daughter will have to prove before he or she is emancipated.

Is Financially Independent

If the child is going to act as like adult and make adult decisions, then it only makes sense that he or she should be able to live on his or her money. This means that he or she should be able to:

  • Pay rent
  • Buy food
  • Get health insurance

In short, your child should prepare to pay for his or her daily requirements without relying on your money or engaging in illegal activities. This is why those who seek emancipation tend to be financially well off minors such as child actors or inventors.

Can Make Good Decisions

A major benefit of emancipation is that the child gets to make his or her own decisions. This includes deciding on where to live, which insurance to purchase, how to deal with problematic neighbors and such like things. It follows, therefore, that he or she should be able to make good decisions. Since good judgment is not a measurable attribute, it is the judge's discretion to determine whether or not your child possesses it.

Is Done With Education

The level of education matters since the court assumes that a child who is still going to school is not ready to be independent. It's not that he or she has to get a doctorate before he or she can be emancipated, but he or she has to possess a reasonable level of education. Note that this doesn't have to be a formal level or qualification. For example, he or she may be emancipated if he or she has a high school diploma or has completed an apprenticeship.

Has Valid Reasons for Seeking Emancipation 

Even the reasons for the emancipation will be considered. Here, your actions as parents will also be scrutinized, especially if the child is citing them for his or her reasons for seeking emancipation. For example, he or she may have a higher chance of getting his or her wishes if you have been abusing him or her (it doesn't have to be physical, even financial abuse counts).

These are some of the common issues that the court may consider. There may be additional issues depending on your unique family's circumstances. For example, a pregnant teenager may have to prove that she is willing and able to take care of the baby on her own. A family law lawyer like those at Harold Salant Strassfield & Spielberg can help you through the process.


23 April 2015

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