How to Obtain Minor Emancipation Without a Lawyer

Emancipation of a minor is the term for releasing a child from parental control and responsibility. A child may seek emancipation for reasons such as abuse, neglect, marriage, teen pregnancy, joining the military or just to be an independent adult. After emancipation, a minor may enter into contracts, such as rental agreement or financial arrangements, without having a parent co-sign.

Difficulty: Challenging

Instructions

Prepare for Emancipation

1. Become emancipated without going to court by getting married, joining the military or graduating high school.

2. Be financially independent. A judge will not grant your emancipation if you are unable to totally support yourself. Your income may not be from any illegal activity.

3. Make sure it is in your best interest to become emancipated. The judge will rule in what he believes is your best interest. If the judge doesn't grant emancipation, he may suggest family counseling, living with another responsible adult or an informal living arrangement with your parents where you live on your own without emancipation.

4. Agree to finish high school. Finishing school may be a stipulation of your emancipation.

5. Do a budget to see how much income you will need to pay all your bills. If you're parent is receiving child support, it will likely stop once your emancipation is final.

Petition for Emancipation

6. Visit your county's probate court or circuit clerk's office to get a Petition for Emancipation. This may be called a Declaration of Emancipation. The names may vary slightly state by state. Some companies that offer legal forms also sell emancipation packets with the paperwork you need.

7. Count on court costs. There will be fees for filing your petition. Some states offer another form, Petition to Sue as a Poor Person. This form's name may also vary from state to state. This will enable you to petition the court without the fees or with reduced fees.

8. Fill out the forms and return them to your county or circuit clerk's office for filing. Your parents will be notified and given a set amount of time to respond.

9. Get ready for your court date. A hearing will be set after your parents respond to your petition. If there is no contest, a hearing may be right away.

10. Convince the judge that you are financially independent and it is in your best interest to be totally responsible for yourself.

Tips & Warnings

• In some cases, the judge will order you to report regularly to make sure you're still in school and on the right track. He can revoke your emancipation if he believes it is in your best interest.
• Apply for public assistance, such as rental assistance and food stamps, to help you until you finish school.
• Going to school and working full time is difficult. Be sure you can handle the enormous load before you take it on.
• Don't seek emancipation if you're angry at your parents or just don't want to follow their rules. The judge will more than likely deny your petition.
• If you commit a crime, you will be tried as an adult.

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