How to Legally Separate from Your Parents When You Are Under 18 Years Old

The laws of emancipation vary widely by state. Some states do not allow you to legally separate from your parents when you are under 18 years at all, and in those states, you're more likely to end up a ward of the state and spend time in juvenile facilities than be out on your own. Other states allow minors above a certain age (usually 14 years) to file a petition with a state court requesting legal emancipation.

Instructions

1. Find your state laws. Emancipation of minors is an area in which there is wide differences between states. The first step, if you're looking to legally separate from your parents, is to find the laws in your state that determine what your rights might be, and what you have to prove to gain emancipation (see Resources for a link to emancipation laws by state).

2. Find the courthouse. The legal emancipation process will take you to the circuit court in your county of residence. You will have to physically appear at some point, so it's a good idea to locate the court. You can usually access the required documents online, but you might need the help of the clerk to actually complete the forms and to file them.

3. File a petition. The document for a legal emancipation is called a petition. Depending on the laws of the state, the petition will ask questions designed to show that you satisfy the requirements for emancipation. These will usually involve being of a certain minimum age, supporting yourself or managing your own financial affairs, and living apart from your parents and that you are willingly seeking emancipation.

4. Fill out supporting documents. The clerk of the court, or local legal self-help services, will let you know if certain supporting documents must be filed along with your petition. These can be documents to verify your income, residence or age.

5. Attend a hearing. After you file your emancipation petition, the matter will be placed on the court's schedule for a hearing. At the hearing, the judge will try to ascertain whether emancipation is truly in your best interest. Your parents will probably be notified of the hearing and have the opportunity to argue for or against emancipation. Factors such as whether the parent neglected or abused you will be considered at the hearing, as well as your ability to support yourself.

6. Join the military or get married. If all else fails, many states consider a minor emancipated if he enlists in the armed services or is legally married.

Tips & Warnings

• If you're situation is an emergency, or you are in danger, do not hesitate to contact a legal professional or law enforcement agency for help. Unless there is some pressing reason for you parents not to be notified, you can expect that the court will contact both your parents and local child services prior to ruling on your emancipation petition.

• Emancipation from your parents doesn't necessarily give you all the rights of an adult. You'll still be subject to laws limiting your ability to enter contracts and to purchase alcohol and restricting your driving age and your age of consent. It also doesn't necessarily give you independent status for obtaining federal financial aid for education.

References

• Emancipation of a Minor

Resources

• Emancipation of Minors by State
• Emancipation of Minors
• What is an Emancipated Minor?