Emancipation 101

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday October 18th, 2022.

Emancipation can generally be defined as an act in which a person usually a slave or a minor is set free from the authority of another person. It can be regarded as the liberation of the bounded individual from the duty to serve and obey their owners or parents.

Emancipation minors who are eligible to be given the same rights as adults. Most states have statutes specifically designed to govern emancipation. As much as the statutes may vary from state to state, most states allow for emancipation under the court’s review. This implies that all states have laws that define when, how, and the circumstances in which a child can be emancipated from their parents.

At What Age Can One Be Emancipated 

There is no fixed age for emancipation. However, some states such as California require that you must be at least 14, to apply for emancipation while in other states such as Mississippi there is no minimum age requirement. However, a minor is normally assumed to have been emancipated when to the age of either 18 or 21, this is dependent on the state.

What Happens If the State Does Not Have Specific Laws That Govern Emancipation? 

The court may act as an arbitrator of emancipation claims if the state does not have particular laws that govern emancipation. One will need a petition to be emancipated under the judicial decree. The petition can be done by either the person seeking emancipation, the guardian of a minor, or an acquaintance. The petition is filed at a county court. It must be accompanied by evidence of the conduct of both the minor or guardian that violates the rights and responsibilities of the guardian to the child and the child to the guardian.

Implicit Vs Explicit Emancipation 

Emancipation can either be thought of as implicit or explicit. Implicit emancipation occurs when one marries, is convicted of a felony, joins the armed forces, reaches the age of majority which is majorly 18 or 21 in most states, or permanently moves away from the parents. Implicit emancipation does not require a court order to be valid. Explicit emancipation cannot occur without a court order from a judge. It involves the liberating entity’s declaration before witnesses and a public officer that they intend to set the bound individual free.

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