- Emancipation Laws: 50-State Survey
A minor typically becomes an adult for legal purposes when they reach the age of majority. Most states set the age of majority at 18, but a few states set it higher. Until then, a minor is generally under the care and control of their parents. (There may be a few exceptions, such as when they get married or join the military.) However, a minor may want to gain the rights and responsibilities of an adult before they reach the age of majority. They might have financial reasons for wanting independence, for example, or their relationship with their parents or legal guardian may have broken down beyond repair. When this happens, a minor may be able to ask for “emancipation” from the legal limits on their rights and responsibilities.
Many states have passed laws that specifically allow a minor to petition a court for emancipation in certain situations. Click on a state below for information about any statutory procedures for judicial emancipation in that state. For example, you can find out what a petition must contain and what a court will consider when reviewing this request. Minors in states without a statutory framework, or in which the statutory framework provides limited forms of emancipation, may want to consult a juvenile law attorney about their options.
Alabama Emancipation Law
Juvenile courts in Alabama can emancipate minors who are over 18 if any of three situations applies. First, a parent of a minor may file a petition with the court asking for emancipation, and the court then may grant emancipation if it finds that this is in the minor’s best interest. Alternatively, a minor who has no parent or guardian (or whose parents have abandoned them for one year) may file a petition for emancipation, and the court then may grant emancipation if it is in the minor’s interest. Finally, a minor who has no parent but has a guardian may file a petition for emancipation in which the guardian joins, and the court then may grant emancipation if it finds that this is in the minor’s interest.
Alaska Emancipation Law
A minor living in Alaska who is at least 16 may petition the superior court for emancipation if they are living separately from their parents or guardian, and if they are capable of sustained self-support and managing their financial affairs. Their legal custodian also may file a petition, although granting emancipation in this situation requires the consent of the minor and additional findings by the court that are specified by statute.
The petition must contain information such as the name and address of the minor and any living parent, the reasons why emancipation is in the minor’s best interest, and the purposes for which they are seeking emancipation. Anyone who files the petition generally must get the consent of each living parent or guardian in control of the person or property of the minor. However, the court may waive this requirement if the person is unavailable or in an unknown location, or if they unreasonably withhold consent.
Arizona Emancipation Law
A minor living in Arizona who is at least 16 and financially self-sufficient may file a petition for emancipation with the clerk of the court in the county where they live, if they acknowledge in writing that they understand information provided by the court on the rights and obligations of an emancipated minor. The petition must contain specific facts to support it, such as proof of the minor’s ability to manage their financial, personal, and social affairs, proof of their ability to live independently of their parents, and proof of their ability and commitment to get education or employment, among other things.
The court must hold a hearing within 90 days after the petition is filed. The minor and their parent or guardian must be notified of the hearing at least 60 days in advance, and a parent or guardian may file an objection to emancipation within 30 days after service of notice.
Arkansas Emancipation Law
Section 9-27-362 describes the process of filing a petition for emancipation in a circuit court by any party to a dependency, dependency-neglect, family in need of services, or delinquency case. This petition must be served to the minor’s parent, legal guardian, or legal custodian, together with a notice of hearing. The court must consider the wishes of any of these people in deciding whether emancipation is appropriate. It may emancipate the minor if it finds by a preponderance of the evidence that the minor is at least 17, they are willing to live separately from their parent (or legal guardian or custodian), they have an appropriate place to live, they can manage their financial affairs, they have a legal source of income, they have healthcare coverage or a realistic plan to meet their health needs, they agree to comply with compulsory school attendance laws, and emancipation is in their best interest.
Meanwhile, Section 9-26-104 provides for a limited form of emancipation in which a circuit court can authorize a person who is at least 16 to transact business in general, or any particular type of business, in the same way and with the same effect as if they had reached the age of majority.
California Emancipation Law
California allows a minor who is at least 14 to petition the superior court of the county where they live or are temporarily domiciled for a declaration of emancipation. The petition must include information showing that they willingly live separately from their parents or guardian with the consent of their parents or guardian, they are managing their own financial affairs, and they are not receiving income from any criminal activity. The court generally must provide reasonable notice to the minor’s parents or guardian before the hearing on the petition. The court will sustain the petition and issue a declaration of emancipation if it finds that the minor meets the requirements above and that emancipation would not be contrary to their best interest.
Colorado Emancipation Law
As the Colorado Judicial Branch explains, the state does not have a specific emancipation statute allowing a minor to petition a court to be released from the control of a parent. There is no independent cause of action for the emancipation of minors. Issues related to emancipation may come up in separate types of judicial proceedings, such as divorce or child custody matters.
Connecticut Emancipation Law
A minor living in Connecticut who has turned 16 may petition the superior court for juvenile matters or the Probate Court for the district where they live for a determination that they be emancipated. Their parents or guardian also may file a petition. It must contain information such as the names and residences of the minor and their parents or guardian, the date of birth and sex of the minor, the name of the petitioner and their relationship to the minor, and the facts that bring the minor within the jurisdiction of the court.
The Superior Court or Probate Court may enter an order declaring that the minor is emancipated if they have entered into a valid marriage, they are on active duty in the military, they are willingly living separately from their parents or guardian and managing their own financial affairs, or it is in the best interest of the minor, their child, or their parents or guardian, for good cause shown.
Delaware Emancipation Law
Delaware does not have a specific statute providing a procedure for emancipation. The Delaware Family Court has noted that emancipation is not an enumerated cause of action in the Delaware Code and that it does not have the authority to address a direct petition by a minor for emancipation.
Florida Emancipation Law
A circuit court may emancipate a minor who is 16 or older and living in Florida upon a petition filed by their natural or legal guardian, or by a guardian ad litem. If the petition is filed by the guardian, the court must appoint an attorney ad litem for the minor. If the petition is filed by a guardian ad litem, the minor’s parents must receive notice. If one parent but not the other petitions for emancipation of their child, the non-petitioning parent generally must be notified.
The petition must contain information such as the names and addresses of the minor and their parents, the residence and date of birth of the minor, a statement of the minor’s character, habits, education, income, and mental capacity for business, an explanation of how their basic needs will be met, and a statement of the reason why the court should emancipate the minor, among other points. The court will enter an order authorizing the minor to exercise all the rights and responsibilities of people who have reached the age of majority if it finds that this is in the minor’s best interest.
Georgia Emancipation Law
A child can pursue emancipation in Georgia by filing a petition in the juvenile court in the county where they live. Information that the petition must contain includes the name and birth date of the child, the name and last known address of their parent or guardian, the child’s address and length of residency there, a declaration showing their ability to manage their financial affairs, a declaration showing their ability to manage their personal and social affairs, and the names of people who have personal knowledge of the child’s circumstances and believe that emancipation is in their best interests.
The court will issue an emancipation order if it determines that this is in the best interests of the child after a hearing and finds that the child has established certain additional facts. The child must show that their parent, guardian, or legal custodian does not object (or that the child’s best interests are served despite the objection), the child is a resident of Georgia, they can manage their financial, personal, and social affairs, and they understand their rights and responsibilities as an emancipated child.
Hawaii Emancipation Law
As of 2024, Hawaii will introduce a new statutory framework for emancipation of minors. Under the new version of Section 577-25, a minor who is at least 16 may file a petition for a declaration of emancipation with the family court in the circuit where they live. A parent or guardian of a minor may not petition for their emancipation.
Information that the petition must contain includes the full name and birth date of the minor, the name and last known address of their parents or guardian, and the minor’s current address and how long they have lived there. The petition also must include a declaration by the minor attesting that they live separately from their parents or guardian at their own will, they can manage their financial, personal, and social affairs, and they are not receiving income from any illegal activity.
The court will issue a declaration of emancipation if it finds by clear and convincing evidence that the minor is at least 16 and a resident of Hawaii, they are voluntarily living separately from their parents or guardian, they can manage their financial, personal, and social affairs, they are not getting income from illegal activity, they understand their rights and responsibilities as an emancipated minor, they are not being forced into seeking emancipation, and emancipation is in their best interest.
Idaho Emancipation Law
Idaho does not have a specific statute outlining an emancipation procedure.
Illinois Emancipation Law
Illinois makes an emancipation procedure available for a “mature minor,” which is defined as someone who is 16 or older (but under 18) and has demonstrated the ability to manage their own affairs and live wholly or partially independent of their parents or guardian. A petition for emancipation may be filed in the circuit court on behalf of a minor by their next friend, parent, or guardian. The court may order complete or partial emancipation. If it orders partial emancipation, it may specifically limit the rights and responsibilities of the minor.
A petition for emancipation must provide certain information, such as the age of the minor, the reason why they are seeking emancipation, the names and addresses of their parents or guardians, proof that they are a mature minor who can manage their own affairs, and proof that they have lived wholly or partially independent of their parents or guardian. The court will enter a finding that the minor is an emancipated minor (or partially emancipated with limitations that the court finds appropriate) after a hearing if it finds that the minor is a mature minor of sound mind who can manage their own affairs, and that the best interests of the minor and their family will be promoted by declaring the minor an emancipated minor.
Indiana Emancipation Law
Indiana has specific statutes providing for emancipation procedures when a child is a child “in need of services” or a delinquent child. Section 31-34-20-6 describes the process for a child in need of services. This allows a juvenile court to emancipate a child upon a petition brought by the child. The court may grant the petition after a report by a guardian ad litem and a hearing if it finds that emancipation is in the child’s best interests and also that the child wishes to be free from parental control and protection, no longer needs parental control and protection, has sufficient money for their support, understands the consequences of being free from parental control and protection, and has an acceptable plan for independent living. Emancipation may be partial or complete.
Meanwhile, Section 31-37-19-27 describes the process for a delinquent child. This allows the juvenile court to emancipate the child upon a petition brought by the child. The court may grant the petition after a report by a guardian ad litem and a hearing if the court finds that the child wishes to be free from parental control and protection, no longer needs that control and protection, has sufficient money for their support, understands the consequences of being free from parental control and protection, and has an acceptable plan for independent living. Again, emancipation may be partial or complete.
Iowa Emancipation Law
A minor who wants to become emancipated may file a petition for an order of emancipation in juvenile court if they are at least 16 and a resident of Iowa, and they are not in the care, custody, or control of the state. The petition must contain information such as the name and address of the minor and their parents, proof of the minor’s financial self-sufficiency and ability to manage their personal affairs, and proof of their ability and commitment to get education, vocational training, or employment. The court must hold a hearing within 90 days of the filing of the petition, and notice of the hearing must be served on the minor’s parent or legal guardian at least 30 days before the hearing.
The key to an emancipation decision is the best interests of the minor. The court will consider factors such as the potential risks and consequences of emancipation and whether the minor understands them, the ability of the minor to be financially self-sufficient, the education level of the minor and their success in school, any criminal record of the minor, their preferences, and the recommendations of their parents or guardian. The minor must prove that the requirements for ordering emancipation are met by clear and convincing evidence.
Kansas Emancipation Law
A minor in Kansas who seeks to obtain the rights of majority may (through their next friend) file a petition in the district court of the county where they live. The petition must provide the age of the minor, set forth that they have been a bona fide resident of the county for at least one year before filing the petition, and describe the reason for which they want to obtain the rights of majority. The court will hold a hearing on the petition no less than 30 days after the first publication of notice of the hearing, which involves publishing notice for three consecutive weeks in a newspaper.
If the allegations in the petition are proved true in court, and it is proved that the minor is a person of sound mind and able to transact their own affairs, and that their interest will be promoted by emancipation, the court may order that they be empowered to exercise the rights of majority.
Kentucky Emancipation Law
Kentucky does not have a specific statute that provides a procedure for emancipation.
Louisiana Emancipation Law
A court in Louisiana may order for good cause the full or limited emancipation of a minor who is 16 or older. A minor may petition for emancipation individually or jointly with their parents or guardian, or the parents or guardian may petition separately for the minor’s emancipation. The petition must contain information such as the names and addresses of the minor and their parents or guardian, the age and domicile of the minor, the reasons why there is good cause for emancipation, and a descriptive list of the property of the minor. If the petition is filed jointly by the minor and their parents or guardian, a court may grant emancipation without a hearing if all the parties and the court consent.
A court may modify or terminate a judgment of emancipation for good cause. This does not affect the validity of an act made by the emancipated minor before the modification or termination took effect.
Maine Emancipation Law
If a minor is 16 or older and refuses to live in the home of their parents, guardian, or legal custodian, they may ask the district court in the division where the parents, guardian, or legal custodian lives to appoint counsel for the minor to petition for emancipation. The petition must include the facts that bring the minor within the court’s jurisdiction and form the basis for the petition, the names and residences of the minor and their parents (or guardian or legal custodian), and the date of birth and sex of the minor.
The court must schedule a hearing and provide notice to the parents, guardian, or custodian of the hearing date, the consequences of emancipation, the right to an attorney, and the right to present evidence at the hearing. The court will order emancipation if it finds that the minor has made reasonable provision for their room, board, health care, and education, vocational training, or employment, they are sufficiently mature to take responsibility for their own care, and it is in their best interest to do so.
Maryland Emancipation Law
Maryland does not have a specific statute that provides an emancipation procedure. The Maryland People’s Law Library notes that there are no clear rules for who may petition the court, the types of relief that they can request, and the procedures that need to be followed.
Massachusetts Emancipation Law
Massachusetts does not have a specific statute that provides an emancipation procedure. The Massachusetts Court System provides some related resources, while noting that there is no specific form that needs to be filed. Courts reportedly rarely grant requests for emancipation.
Michigan Emancipation Law
A minor seeking emancipation must file a petition for emancipation in the family division of the circuit court in the county where they live. The petition must include information such as the name, birth date, and place of birth of the minor, the name and address of their parents or guardian, the minor’s address and length of residency, and declarations by the minor indicating that they can manage their financial, personal, and social affairs. In addition, the petition must include an affidavit by any of certain people, such as a doctor, social worker, teacher, or law enforcement officer, declaring that they have personal knowledge of the minor’s circumstances and believe that emancipation is in their best interests.
A minor who petitions the court for emancipation has the burden of showing that it should be ordered by a preponderance of evidence. A court will order their emancipation if it determines that this is in the best interest of the minor, and the minor shows that they are at least 16 and a Michigan resident, their parent or guardian does not object (or is not providing them with support), the minor can manage their financial, personal, and social affairs, and they understand their rights and responsibilities as an emancipated minor.
Minnesota Emancipation Law
Minnesota does not have a specific statute that provides an emancipation procedure. Courts may review emancipation paperwork on a case-by-case basis. The Minnesota Judicial Branch offers some related resources.
Mississippi Emancipation Law
The Mississippi Code provides a procedure for a chancery court to emancipate a minor in certain limited areas. The application must be made via the next friend of the minor, and it must include information such as the age of the minor and the reasons why they are seeking emancipation. The minor’s parents (or two of the minor’s adult relatives within the third degree if they have no parents) generally must be joined as defendants.
The court will review the application and any objections to it and will make a decree in accordance with the best interest of the minor. The decree may partially emancipate the minor to enable them to do a particular act, or it may generally empower them to do all acts related to their property, making contracts, suing and being sued, and engaging in any profession that they could do if they were 18.
Missouri Emancipation Law
Missouri does not have a specific statute that provides an emancipation procedure.
Montana Emancipation Law
A minor who is at least 16 or their parent, or the Montana Department of Public Health and Human Services, may petition the court for an order of limited emancipation. The petition must contain information such as the names and addresses of the minor and their parents or legal guardian, and it must set forth that the minor wants limited emancipation, this is in their best interests, there is no public interest compelling the denial of this status, they have or will have enough money to pay for their financial obligations, and they understand and may be expected to responsibly exercise their additional rights and responsibilities, among other points.
The parent or guardian of the minor generally must receive notice at least 10 days before the hearing on the petition. If a court grants limited emancipation, the order must describe the specific rights and responsibilities that it confers. It must require the individual to make periodic reports to the court. The court may modify or revoke an order of limited emancipation if the individual violates a condition of the order or commits a material violation of the law, or if limited emancipation no longer serves their best interests.
Nebraska Emancipation Law
A minor who is at least 16 and living apart from their parents or legal guardian, and who is a legal resident of Nebraska, may file a petition in the district court for a judgment of emancipation. The petition must include information such as the names and addresses of the minor and their parents or legal guardian, as well as a statement that the minor is filing the petition as a free and voluntary act and certain specific facts about the minor’s situation. These include statements that the minor willingly lives apart from their parents or guardian, they can support themselves or have no parent or guardian providing support, they are mature and knowledgeable enough to manage their affairs, and they have shown an ability and commitment to get education, vocational training, or employment. The petition must identify the reasons why emancipation would be in the minor’s best interests and the purposes for which it is requested.
The court will hold a hearing on the petition 45-60 days after the date of its filing. The parent or legal guardian of the minor (or their nearest known relative living in the state) must be notified of the hearing at least 30 days in advance. At the hearing, the minor must prove by clear and convincing evidence that the requirements for emancipation have been met. In ruling on the petition, the court will decide whether the minor has proven each of the facts required to be stated in the petition. It will enter a judgment of emancipation if this is in the best interests of the minor, and they understand their rights and responsibilities.
Nevada Emancipation Law
A minor who is at least 16 and living in a county of Nevada, and who is living apart from their parents or legal guardian, may petition the juvenile court of the county where they live for a decree of emancipation. The petition must include information such as the names and addresses of the minor, their parents, and any legal guardian, as well as facts related to the minor’s education, employment, and length of residence apart from their parents or guardian. In addition, it must state that the minor willingly lives apart from their parents or guardian with their consent, the minor is managing their financial affairs, they are not receiving income from illegal activity, and they are attending school or have been excused from attending school.
A court has the discretion to decide whether to grant or deny the petition. In reaching its decision, the court must consider whether the parents or guardian of the minor have consented to emancipation, whether the minor can support themselves financially, whether they are sufficiently mature and knowledgeable to manage their affairs, and whether emancipation is in their best interest. If emancipation is granted, it may be voided later if the minor has become indigent and lacks sufficient means of support.
New Hampshire Emancipation Law
A minor who is 16 or older may petition a court for an order granting limited emancipation. The petition must include the names and addresses of the minor, their parents, and any legal guardians, as well as specific facts regarding why emancipation is sought and in support of the “emancipation criteria.” These are that emancipation is in the minor’s best interest, they want to be emancipated, they have lived separately from their parents or guardian for at least three months, they have shown their ability to be self-sufficient in their financial and personal affairs, they have graduated or will pursue graduation from high school, and there is no public interest compelling the denial of emancipation.
A court must hold a hearing on the petition within 30 days of filing, or within 10 days of service of notice on the minor’s parent or guardian if that is later. An order of limited emancipation must specifically describe the rights and responsibilities that are conferred on the minor. The order may be modified or revoked if the minor has violated a condition of the order, they have committed a material violation of the law, or the order no longer serves their best interests.
New Jersey Emancipation Law
New Jersey does not have a specific statute outlining a procedure for emancipation.
New Mexico Emancipation Law
A minor who is at least 16 may be declared an emancipated minor if they are willingly living separately from their parents or guardian, they are managing their own financial affairs, and the court finds that this is in the minor’s best interest. A minor may petition the children’s court of the district where they live for a declaration of emancipation. Notice must be given to the minor’s parents or guardian in accordance with the procedural rules for district courts.
If the court denies the petition, the minor may file a petition for a writ of mandamus from an appellate court. Conversely, a parent or guardian who appeared in the proceeding and opposed the petition may file a petition for a writ of mandamus if the petition is sustained.
New York Emancipation Law
New York does not have a specific statute outlining a procedure for emancipation. As the New York State Unified Court System explains, the state does not have an official court process for a minor to be declared emancipated. New York courts do not issue emancipation orders, and a determination of emancipation is ancillary to another proceeding. In other words, a court may find that a minor is emancipated as part of another proceeding, but this applies only to the matter addressed by that proceeding, such as a child support obligation.
North Carolina Emancipation Law
A minor who is at least 16 may petition for a judicial decree of emancipation if they have lived in the same county in North Carolina or on federal territory within North Carolina for six months before filing the petition. The petition must include the name, birth date, and place of birth of the minor, the name and address of their parent or guardian, the minor’s address and length of residence there, their reasons for requesting emancipation, and their plan for meeting their needs and living expenses. The minor’s parent or guardian will receive notice of the hearing and must file a written answer within 30 days after service of the summons and petition.
At the hearing, the minor has the burden of showing by a preponderance of the evidence that emancipation is in their best interests. In considering this question and the need for emancipation, the court must review factors such as the parental need for the minor’s earnings, the minor’s ability to function as an adult, their need to enter into contracts or marry, their employment status, the stability of their living arrangements, the quality of parental supervision or support that they are receiving, their rejection of this supervision or support, and the extent of family discord that may threaten their reconciliation with their family. The court may enter a decree of emancipation if it finds that procedural requirements have been met, the minor has shown a proper and lawful plan for providing for their needs and living expenses, they are knowingly seeking emancipation and understand its ramifications, and this is in their best interests.
North Dakota Emancipation Law
North Dakota does not have a specific statute outlining a procedure for emancipation. Moreover, according to a resource provided by the North Dakota Legal Self Help Center, there is no established civil court process to ask a state court to emancipate a minor.
Ohio Emancipation Law
Ohio does not have a specific statute outlining a procedure for emancipation. According to the Ohio Bar Association, a minor cannot become emancipated by simply petitioning the court.
Oklahoma Emancipation Law
District courts in Oklahoma have the authority to give minors the rights of majority concerning contracts, and to authorize and empower anyone under 18 to transact business with the same effect as if an adult did the same thing. To get this status, a minor (via their next friend) may file a verified petition in the district court of the county where they live. The petition will contain information such as the minor’s age, the fact that they have been a resident of that county for at least one year before filing the petition, and the reason why they want to obtain the rights of majority. In addition, the petition must provide the names and addresses of any parents or guardian, or any other person who has legal custody of the minor.
The district court may order that the minor be empowered to exercise the rights of majority for the purposes specified by statute if it concludes that the minor is a person of sound mind and able to transact their affairs, and that their interests will be promoted by receiving these rights.
Oregon Emancipation Law
A juvenile court may enter a judgment of emancipation upon the written application of a minor who is domiciled within the jurisdiction of the court. The court will hold a preliminary hearing on the minor’s application for emancipation within 10 days of when it is filed, or as soon as possible thereafter. At this hearing, the court must inform the minor about the civil and criminal rights and liabilities associated with emancipation. The final hearing must be held within 60 days of when the application is filed, or as soon as possible, although the minor and their parents may waive this hearing.
The juvenile court may enter a judgment of emancipation if the minor is at least 16, and their best interests will be served by emancipation. The court must consider whether the minor’s parent consents to the emancipation, whether the minor has been living away from the family home and is substantially able to be self-maintained and self-supported without parental guidance and supervision, and whether the minor can prove that they are sufficiently mature and knowledgeable to manage their affairs without parental assistance.
Pennsylvania Emancipation Law
Pennsylvania does not have a specific statute providing an emancipation procedure. As a branch of the Pennsylvania Court of Common Pleas explains, any finding of emancipation is based on the specific facts of a situation. A hearing must be held for a court to determine whether a finding of emancipation is appropriate, but this hearing is usually part of another proceeding already before the court involving the minor and their parents.
Rhode Island Emancipation Law
Rhode Island does not have a specific statute providing an emancipation procedure. The Rhode Island Office of the Child Advocate states that emancipation from a parent is not an option.
South Carolina Emancipation Law
South Carolina does not have a specific statute providing an emancipation procedure.
South Dakota Emancipation Law
A minor can petition the circuit court in the county where they live for a declaration of emancipation. The petition must specifically set forth that the minor is at least 16, they are willingly living separately from their parents or guardian with their consent or acquiescence, the minor is managing their financial affairs, and their income is not derived from illegal activity. Notice generally must be given to the minor’s parents or guardian before the hearing.
The court will sustain the petition and issue a declaration of emancipation if it finds that the minor meets the requirements above and that emancipation would not be contrary to their best interest. A minor may appeal a denial of a petition to the South Dakota Supreme Court, while a parent or guardian who appeared in the proceeding and opposed the petition may appeal to the South Dakota Supreme Court if the petition is sustained.
Tennessee Emancipation Law
A minor may petition for emancipation in the chancery court in the county where they live. The application must be made by the minor through a “next friend,” and it must state the age of the minor and the names and places of residence of their parents (or of two other close relatives if they have no parents), as well as the reason why this order is sought. Any person named in the application or any other relative or friend of the minor may appear and oppose the application.
The court will issue a decree based on the best interest of the minor. The decree may be limited to allowing the minor to do a specific act, or it may be general and allow the minor to do all acts related to their property, making contracts, suing and being sued, and engaging in a profession or vocation that the minor could do if they were 18.
Texas Emancipation Law
A minor can petition the court in the county where they live for limited or general emancipation if they are 16 and living separately from their parents or guardian (or if they are 17), a resident of Texas, and self-supporting and managing their own financial affairs. In contrast to some states, Texas allows a minor to file a petition on their own behalf, rather than using a next friend. The petition must state the names and places of residence of the minor and their parents (or guardian), the age of the minor, the reasons why emancipation would be in their best interest, and the purposes for which they are seeking emancipation. A parent or guardian must verify the petition.
The court must appoint an amicus attorney or attorney ad litem to represent the interest of the minor at the hearing. The court may emancipate the minor if it finds this to be in their best interest. The order must state the limited or general purposes for which emancipation is granted.
Utah Emancipation Law
A minor can petition the juvenile court on their own behalf for a declaration of emancipation, using a form provided by the clerk of the juvenile court. The petition must state that the minor is at least 16, capable of living independently of their parents or guardian, and capable of managing the minor’s own financial affairs. The court will review the petition for completeness and whether the minor meets the age requirement. The action may be dismissed if the petition is incomplete or if the minor is under 16, but otherwise the court will schedule a pretrial hearing within 30 days. The court may appoint an attorney guardian ad litem to represent the minor.
At the hearing, the court will consider the best interests of the minor, focusing on whether they are capable of assuming adult responsibilities, whether they are capable of living independently of their parents or guardian, and whether emancipation will create a risk of harm to the minor, as well as opinions and recommendations from the attorney guardian ad litem, parents, or guardian. The court will issue a declaration of emancipation if it determines by clear and convincing evidence that emancipation is in the best interests of the minor.
Vermont Emancipation Law
To become emancipated by court order in Vermont, a minor must be at least 16, must have lived separately from their parents or guardian for at least three months, must be managing their financial affairs, must have demonstrated the ability to be self-sufficient in their financial and personal affairs, and must hold a high school diploma or its equivalent or be earning passing grades in an educational program for this purpose, among other requirements. The Probate Division of the Superior Court hears these cases. A minor cannot file a petition for emancipation unless they have lived in Vermont for at least three months.
The petition must contain the names and addresses of the minor, their parents, and any guardians, as well as the date of birth of the minor, specific facts supporting the emancipation requirements, and specific facts regarding the reasons why emancipation is sought. Notice generally must be given to the minor’s parents or guardian at least 30 days before the hearing on the petition. The court will order emancipation if it finds that the minor meets the requirements in the first paragraph and that emancipation would be in their best interests. When the court considers their best interests, it must weigh whether emancipation will create a risk of harm to the minor, the likelihood that they can assume adult responsibilities, their adjustment to living separately from their parents or guardian, and the opinion and recommendations of their parents or guardian.
Virginia Emancipation Law
A minor who has turned 16 and is living in Virginia, or their parent or guardian, may petition the juvenile and domestic relations district court in the county or city where they live for a determination that the minor be emancipated. The petition must contain certain information required by Section 16.1-262 and the gender of the minor, as well as the name of the petitioner and their relationship to the minor if someone other than the minor is filing the petition.
The court may enter an order of emancipation if it finds that the minor willingly lives separately from their parents or guardian, with their consent or acquiescence, and that the minor is (or is capable of) supporting themselves and competently managing their own financial affairs.
Washington Emancipation Law
A minor who is at least 16 and a resident of Washington may petition for a declaration of emancipation in the superior court. The petition must include the name and the date and place of birth of the minor, the name and address of their parents or guardian, the current address of the minor and how long they have stayed there, a certified copy of their birth certificate, a declaration indicating that they can manage their financial affairs, and a declaration indicating that they can manage their personal, social, educational, and non-financial affairs.
The minor generally must serve the petition and notice of hearing on their parents or guardian at least 15 days before the hearing, which must be held within 60 days after the petition is filed. The court generally will grant the petition if the minor proves by clear and convincing evidence that they are 16 or older and a resident of Washington, and that they can manage their financial, personal, social, educational, and non-financial affairs. However, a parent or guardian may oppose the petition. In this case, the court will deny the petition unless it finds by clear and convincing evidence that the denial would be detrimental to the minor’s interests.
Washington, D.C. Emancipation Law
Washington, D.C. does not have a specific statute providing an emancipation procedure.
West Virginia Emancipation Law
A child over 16 may petition a court to be declared emancipated. The parents or custodians of the minor will be made respondents and receive personal service. The court may, for good cause shown, declare a child emancipated if they can show that they can provide for their physical and financial well-being and have the ability to make decisions for themselves. This means that the child will have full capacity to contract in their own right and that the parents or custodians will have no right to the custody and control of the child or duty to provide them with care and financial support.
Wisconsin Emancipation Law
Wisconsin does not have a specific statute providing an emancipation procedure. The Wisconsin Law Library suggests contacting a lawyer in this situation.
Wyoming Emancipation Law
Upon a written application of a minor who is subject to the personal jurisdiction of a district court, the court may enter a decree of emancipation. The application must state that the minor is at least 17, they willingly live separately from their parents with their consent or acquiescence, the minor is managing their own financial affairs, and they are not receiving income from illegal means or certain welfare benefits.
A hearing on the application must be held within 60 days after it is filed. The minor and their parents must be given notice of the hearing at least 10 days in advance. The court may enter a decree of emancipation after the hearing if the minor is at least 17, and the court finds that emancipation is in their best interests. The court must consider whether the minor’s parents consent to the emancipation, whether the minor is living apart (or willing to live apart) from their parents and is substantially able to provide self-maintenance and support without parental guidance and supervision, whether the minor has shown that they are sufficiently mature and knowledgeable to manage their personal affairs without parental assistance, and whether their income is not derived from illegal means.
Last reviewed November 2023
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