How To

How to Allow Your Child to Be Emancipated

Contributor
By eHow Contributing Writer
(14 Ratings)

A child becomes emancipated when he or she lives independently - usually with parental consent - and a court agrees that this is appropriate.

Difficulty: Challenging
Instructions

Things You'll Need:

  • Attorney
  1. Step 1

    Understand that when a child becomes emancipated it means the parents are no longer in control of the child. The child has legal standing as an adult.

  2. Step 2

    Know that the legal standards for how to become emancipated differ greatly among the states. Consult a lawyer or online law source for state-specific information. Generally a child is emancipated when he or she lives independently and handles his or her own affairs and a court agrees that he or she is mature enough to handle it.

  3. Step 3

    Recognize that there is a difference between a child running away or moving out and becoming formally and legally emancipated. A court decree of some sort is involved in a formal emancipation. Usually there is also some sort of implied or direct consent by the parent.

  4. Step 4

    Realize that in some states, even if your child becomes emancipated, you will be required to pay him or her child support.

  5. Step 5

    Attempt to find another solution before consenting to an emancipation. Allow your child to live with another trusted family member or seek assistance from a therapist. Once an emancipation has occurred, you cannot change your mind.

  6. Step 6

    Think about whether you are facing a temporary problem or a long-term lifestyle change. Temporary disagreements will be solved or forgotten. Long-term problems need long-term solutions.

  7. Step 7

    Be sure you understand that by consenting to emancipation you are giving up all of your rights as a parent to guide, control or legally intervene for your child.

Comments  

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JaneHutchi said

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on 8/10/2007 I would have found this more helpful if it actually outlined the steps to help a minor become emancipated from his/her parents, since that is what I was looking for. Guess I'll have to write it, eh?

JaneHutchi said

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on 8/10/2007 I would have found this more helpful if it actually outlined the steps to help a minor become emancipated from his/her parents, since that is what I was looking for. Guess I'll have to write it, eh?

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on 5/31/2007 how old they got to be Emancipated can anyone help my daugther is 15yrs & her b/f is 16yrs & she thinks he knows everything lol he says he knows the law lmao IF ANY ONE CAN HELP PLEASE E-MAIL AT ILUVBLUEEYES30@AOL.COM
THANK YOU

care said

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on 12/19/2006 Emancipated- It is something that many think that is a way for a child to rebel against their parents. It actually may be a way for the young adult to show that they are mature enought to live without their parents help. It may seem like a silly idea but to some its helping in their future. Why shun them from that? Their right as a human to think for themselves. Many especially the parents think that they are going to ruin their lives when actually they are going to help it. Why parents do you fear this? That your child is to young to know what life has for them? People are different just look around. Open your eyes and see that not everyone is the same. That others can do things that some could only dream about. Look at your child and see the pain in their eyes. They know that they are not able to do anything because youa re the adult and you have the say before they do. Why? Why keep them in a place where they are un happy? Are you afraid how this will look upon you? Are you only concerned with yourself? Be the adult, see what your child really needs. They need to ge out. they need to be free and do what they have to do in order to make a life for them. Many parents will tell them to do that when they are 18, but that can be too late. Don't be afraid for them, try to put yourself in their shoes. They are mature enough to go out and live their own lofe if they are able to stand in front of a judge and explain their case. That is a mature adult. Able to know that once they do this that they are going to be on their own. Yes they may be scared at first but they can do this. Some young adults just need the oppertunity in order to prove that they can do this. that is is their life. Not their parents. Their parents had a life, they are living it, but parents stop trying to live your child's life. Its not yours its theirs. Don't say that they wont make it in the real world. You are only telling them that they cant do it. You are telling them that they cant suceede without you. Don't lie to them. They can. Just let them go. It may hurt to see them go, but do it for them. Stop thinking of yourelf for once and let them go. Sooner or later they will. Just do it for them. Be the adult you are able to see that your child wants this. I mean of they have attempted to leave or tried to explain to you that they want out. Then let them. Don't hold them back. Quit thinking about the bad and think what if they make it? What if they live a life worth living? What if they are happy? What if they are okay? What if they are right? Thats what scares you. Don't try to scare them about not doing this. If they are mature enough then they are and there is nothing you can do to stop them. Just let them go.

Anonymous

Anonymous said

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on 9/19/2006 Emancipation, the legal dissolution of a parent's responsibilities to their child, is best reserved for cases when the child is better off without their parents.

Sadly, sometimes a parent's presence in a child's life not only harms the child, but also hinders the child's efforts to care for themselves. Examples are parents who are abusive, neglectful, hooked on drugs or alcohol, or who have severe psychiatric problems. Emancipation is designed for these situations.

As a caring and competent parent, you can let your child live with someone else without emancipating them. You can sign papers that let another adult act in loco parentis, including medical and school enrollment decisions, without emancipating your child. There are many ways you can support your child's desire for greater independence without completely abdicating your role as a parent.

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