How to Become an Emancipated Minor in Washington State

By JaneHutchi

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If you are a resident of the State of Washington and at least 16 years old, but not yet 18, you can seek to be emancipated from your parents, thus gaining legal status as an adult (exceptions noted below). The following steps explain what being emancipated means and then provides an internet address where you can download an Emancipation Packet to get started.

Instructions

Difficulty: Challenging

Things You’ll Need:

  • Emancipation Packet
  • Proof of Financial Stability (pay stubs, bank statements, etc.)
  • Parental Consent, except in extenuating circumstances
  • $50.00 Filing Fee, (waivable by the judge if you can't afford it)
  • Judge's Approval

Step1
In order to qualify for becoming emancipated in Washington State you need to be a permanent resident of the state and at least 16 years old, but not yet 18.
Step2
You will also need to show the court that you can manage your own affairs - particularly financial and educational. This is because once you are emancipated, your parents will no longer be responsible for supporting you. You will need to come up with the money for your rent, food, clothes, school supplies and other living expenses. The first thing you can do to achieve financial independence is to get a job. Once you have a job, opening and maintaining a checking or savings account will show the judge that you have the earnings required to support yourself.
Step3
When you become emancipated you will be able to enter into binding contracts as an adult, such as rental agreements and loan applications. This means you can apply for loans and grants to help you get through school. However, you will NOT be considered an adult in the case of criminal law, voting privileges and alcohol and tobacco use.
Step4
Your reasons for wanting to be emancipated need to be discussed with your parents. Your parents will play a large part in determining whether the judge will approve your emancipation or not. However, if you are in a situation where you are in fear for your safety if you remain with your parent(s), you must be prepared to show the court that it is in your best interest to proceed with the emancipation. (See Tip #3 below for more assistance in this case.)
Step5
The website for Washington LawHelp has an Emancipation Packet that you can download on your computer and print. It was prepared by the Northwest Justice Project and was current as of February 2004.

http://www.washingtonlawhelp.org

When you get to the home page of the website type the word "Emancipation" into the search box in the yellow box located towards the upper right hand corner of the page. When the results are displayed, select the one titled "Emancipation of Minors" to go to the packet. Follow the download instructions provided by the site or your computer.

Tips & Warnings

  • When you fill out the documents make sure you keep copies for yourself of everything you hand in to the courts to be processed.
  • Your court dates are important and can not be changed once they are set. Make sure you don't miss them. Under special circumstances, your attorney can file for a continuance.
  • If you are trying to become emancipated from a violent family, refer to the eHow Article "How To Obtain Legal Emancipation As A Child in a Violent Family."
  • Once you have decided to proceed, it is highly advisable that you consult an attorney. Washington LawHelp provides a listing of State Attorney's offices in their packet and on their site. In addition, you can look for free legal aide in your community by looking in the yellow pages under Attorney Referral Services.
  • This is a serious decision that needs to be made after thoughtful consideration and discussion with your parents or, if they are unavailable to you, possibly with a school counselor. There are further resources listed in the article cited above.

Resources

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eHow Article:  How to Become an Emancipated Minor in Washington State

eHow Member: JaneHutchi

JaneHutchi

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