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Step 1
Learn the Requirements for Emancipation
While the conditions for emancipation can vary from state to state, there are general requirements that you must meet before you can even begin to file your case in court. Review the requirements below to see if you qualify for a legal emancipation from your parents. You must:
Be at least 15 years of age or older, or 16 in some states;
Be able to financially support yourself;
Get your own medical insurance (this may be possible through the state;
Currently be enrolled in school; and
Continue attending school regularly after the emancipation is finalized;
Still abide by state law after emancipation, which means no driving, drinking alcohol, and so on until you reach the legal age to do so.
Keep in mind that in most states, you must be 15 years old before you can apply for a work permit, and even then, the hours you can work in a week while in school and during the summer are limited by state and local laws. Familiarize yourself with your state's laws by visiting your state's official website. -
Step 2
Determine the Reasons for Filing
Deciding that you don't like your parents or that their rules are unfair is not enough to be legally emancipated. There must be actual and factual reasons to support your request to be declared an adult. Only a limited amount of situations will meet the criteria; they include:
Being physically or mentally abused by one or both parents;
Your parents stealing money that you earn on your own;
Your parents misappropriating any money that you have earned on your own;
Be married;
In some states, have your own child;
A desire to join the military at the age of 17 in some jurisdictions.
There are few reasons that a judge will accept for a child to be legally emancipated from their parents at a young age. Your own circumstances must match one of these reasons, in addition to the above-listed requirements. Wanting to marry someone or have sex with them while under your state's legal age, or having a baby before the age of 18 is not sufficient for you to apply to be emancipated from both parents. -
Step 3
Seek Help from an Attorney
The legal system is hard to understand for many adults, and dually so for minors who have no real experience with how it works. If you really are in need of a legal emancipation, it is in your best interest to seek the help of an attorney. If you cannot afford an attorney, you can try to get help from Legal Aid in your state, although Legal Aid is usually only offered to legal adults. You can also try to set up a free consultation with a family law attorney to see if they can offer you any advice; if you are particularly lucky, they may agree to take on your case for free. If you have substantial income and you have caught your parents stealing from you, hiring an attorney is definitely in your best interest. -
Step 4
Prepare Your Case to Be Filed
If you are going to try and be emancipated without the help of an attorney, you will need to visit your family courthouse to pick up the documents to apply. When you visit the courthouse, ask for the clerk of the court; they will be able to provide you with a blank form that you must fill out. You will need to include your personal information, your parents' information, and a detailed summary of why you need to be emancipated from your parents. The clerk of the court cannot help you fill out this form; it is something that you must either do alone, or hire an attorney to help you with. -
Step 5
File Your Case in Court
After filling out the forms, you will need to come back to the same courthouse and file it. You will also need to pay a filing fee, which can cost anywhere between $50 to $150, depending on your state and the court. Once your application has been accepted for filing, you will receive a date that you must again return to the courthouse for a hearing. The hearing is where you will face a judge and explain the reasons why you need to be emancipated from your parents. -
Step 6
Attend Your Hearing
On the date of your hearing, come to the courthouse a little earlier than the time your hearing is schedule. You should dress appropriately, which means a suit or a skirt with a nice blouse – not jeans, sneakers, or revealing shirts. You should bring a copy of the forms you filed with the courthouse previously, and any documents you have as evidence of the things you are accusing your parents of – you will need these to prove your case and be emancipated.
You will also need to prove that you have a regular source of income, by showing your pay stubs from your job, money that you have in a bank account, or whatever you are using to support yourself. You will need to demonstrate a great deal of maturity, and show that you are capable of being treated like an adult. This will not be easy to prove, but if you are capable of taking care of yourself, the judge will be able to see this.
If the judge agrees that you should be emancipated, he or she will enter an order that will become effective immediately. This means that you are now legally an adult, although again, you will still need to follow your state laws for things like drinking alcohol and getting a driver's license. Your parents will no longer legally be obligated to provide for your financially and physically, which means they do not need to pay for your food, your education, or give you a place to live.
If the judge denies your request at the hearing, then you will remain under your parents' care. You will be sent home with your parents to return to your house, and will have to continue following their rules as you are still legally a minor, and thus, they are responsible for supporting you and for your well-being.
Comments
karileighk said
on 7/9/2009 I guess attending the hearing would be the most important step!