How to Claim Emancipation in Mississippi
State laws establish the legal age of majority. In most states, emancipation automatically occurs at age 18 or 19 if a child is still in high school on a full-time basis. Emancipation in some states occurs after age 18. In Mississippi, children are automatically emancipated at age 21. However, they may be automatically emancipated by performing a voluntary act prior to age 21, or they may seek a judicial emancipation order before reaching age 21. Upon emancipation, parents are no longer legally required to financially support their children.
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Instructions
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Obtain an automatic emancipation at age 21. Mississippi law states that children become automatically emancipated at age 21.
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Obtain an automatic emancipation before age 21. Mississippi law states that children become automatically emancipated before age 21 if they join the military as a full-time service member, get married or are convicted of a felony and sentenced to at least two years in prison.
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Obtain an emancipation order from court. You can file an emancipation suit in court, and the court will set a hearing date. On your hearing date, you will have to provide the court with your reason for requesting emancipation.
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Move out. To obtain an emancipation by court order, you must move out of your parent's home or move into the home with another person without your parent's approval.
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Visit your local Youth Court and speak with the county clerk of that court. You may qualify for pro bono assistance if you are seeking emancipation for abuse or neglect or if you are seeking emancipation based on your income. You can use the referral service the court clerk will recommend. The court will most likely appoint a guardian ad litem or legal representative who will work with your attorney to advocate your needs and emancipation.
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File a motion for emancipation in your local Youth Court with your guardian ad litem and attorney. There are Youth County Courts in 21 counties. Your attorney will take care of serving your parents with the summons and notice to appear for a hearing.
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Tips & Warnings
Your case may be transferred to the Mississippi Circuit Court system. Your attorney can transfer your case or the court clerk can help you transfer your case.
Mississippi is one of the few states that order parental support until children turn 21 or become emancipated. As such, if you obtain a legal emancipation from your parents before age 21, your parents will not be obligated to financially support you or pay for your college tuition. If your parents are divorced and you receive child support, your parent is no longer obligated to pay child support upon emancipation.
References
- National Conference of State Legislatures: Termination of Child Support and Support Beyond Majority
- Mississippi Department of Human Services: Division of Child Support Enforcement -- FAQ
- LexisNexis: Mississippi Code of 1972; Mississippi Code Annotated Sec. 93-19-7, Removal of Disability of Minority Trial and Decree
- Mississippi Judiciary: General Youth Court Information
