When Can a Child Legally Move Out on Their Own?

The relationship between parents and children can become strained at times and moving out may seem to be the only answer. By law, however, parents have certain obligations to their children, and children are legally subject to parental control. Severing these ties is possible, but it is a decision with serious ramifications that should not be taken lightly.

Geography

The laws governing the rights of minor children are almost exclusively dealt with at the level of individual states and local courts, so the ability of a child to move out on his own will vary. In some states, high school graduates of any age assume the rights of adults. Many states have emancipation laws that free a child from control of his parents and give him control of his own finances, but others, like Massachusetts, do not. In states that do not have emancipation laws, a child is more than likely to become a ward of the state or spend time in juvenile service centers if he attempts to emancipate himself.

Types

Moving out on your own can have several meanings. A minor child is subject to the control of her parents or legal guardians and if given consent to move out, a child can leave at any age. Once the child is 18 years old, she is no longer a minor and has all the rights of any adult. An unemancipated minor child who leaves home without her parents' consent is legally considered a runaway and may be returned to her parents by police.

Features

Even in states with emancipation laws, the requirements for emancipation can be vague. Some states offer partial emancipation where a child is no longer subject to parental control but is still entitled to financial support. In complete emancipation, the parents' responsibilities, including payments of child support, are completely removed. The granting of emancipation is usually left to the discretion of a judge to determine the best interests of the child and usually centers around compelling evidence of abuse, neglect or abandonment.

Considerations

Some states confer the rights of an adult upon a minor if he enlists full time in the armed forces or becomes legally married. Having a child of his own, in most cases, does not grant majority rights. Some state courts have even held that a parent can be legally forced to providing financial support for a child beyond the age of 18 if the parents' home is his place of legal residence and he is principally dependent on parents.

Effects

Physically moving out from the parents' home, whether emancipated or not, does not convey to children the rights of an adult. They will continue to be subject to the laws of their state governing the entering of contracts, driving age and age of consent. Nor does it give a child independent status for purpose of obtaining federal financial aid for education. In fact, anyone under the age of 24 who is unmarried and has no dependents will be subject to the Expected Family Contribution deduction to financial need.

Resources

• Emancipation laws by state
• Emancipation of a minor