What is Emancipation?
Paul Wallin
July 09, 2009
The term ´emancipation,´ when used in a legal context, describes a process by which a child is given certain adult rights prior to reaching the recognized legal adult age of 18 years.
Under child of age and reason custody rights, the emancipated child is no longer in the custody of his or her parents, and they do not have control of him or her.
The process allows the newly emancipated child certain adult freedoms which do not require parental consent such as:
Although the emancipated child has certain liberty, he or she forgoes any rights to parental support. In addition there are still some stipulations, despite the emancipation, that include:
How Does a Child Become Emancipated?
There are three ways that emancipation is implemented:
A declaration of emancipation is only awarded if the following criteria are met and can be proven:
Is Emancipation Permanent?
In most cases, yes, it is permanent. In rare cases it may that an emancipation order is revoked if the applicant is found to have lied to the court or it is established that the emancipated child can no longer support themselves.
At Wallin and Klarich we handle California emancipation cases with the sensitivity they deserve. In some situations, emancipation may be too severe a step to take, whereby family guidance or counseling might be the preferred solution to the problem. During consultation we like to establish what route is best for all concerned.
Under child of age and reason custody rights, the emancipated child is no longer in the custody of his or her parents, and they do not have control of him or her.
The process allows the newly emancipated child certain adult freedoms which do not require parental consent such as:
- Receiving medical care
- Filing of applications for work permits
- Enrollment of their own accord for school or college
- The making of free choices about where they live
Although the emancipated child has certain liberty, he or she forgoes any rights to parental support. In addition there are still some stipulations, despite the emancipation, that include:
- The emancipated child is still legally required to go to school
- The emancipated child is not permitted to marry without parental consent
- If the emancipated child commits an offense, he or she will be tried in a juvenile court
How Does a Child Become Emancipated?
There are three ways that emancipation is implemented:
- Through marriage - For which court permission and parental consent is required.
- By joining the armed forces - Again parental permission is obligatory.
- By obtaining a declaration of emancipation from a judge.
A declaration of emancipation is only awarded if the following criteria are met and can be proven:
- The applicant is at least 14 years of age
- The applicant does not wish to live with his or her parents
- The parents of the applicant are agreeable to them moving out of the family home
- The applicant is capable of handling their own money
- The applicant is able to legally earn an income
- It is thought that emancipation would be beneficial for the applicant
Is Emancipation Permanent?
In most cases, yes, it is permanent. In rare cases it may that an emancipation order is revoked if the applicant is found to have lied to the court or it is established that the emancipated child can no longer support themselves.
At Wallin and Klarich we handle California emancipation cases with the sensitivity they deserve. In some situations, emancipation may be too severe a step to take, whereby family guidance or counseling might be the preferred solution to the problem. During consultation we like to establish what route is best for all concerned.
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