This toolkit tells you about emancipation of a minor child. Emancipation is releasing a minor from the care and control of the minor’s parents.
For general information about emancipation, read the Articles. Read the Common Questions if you have a specific question. If you want to ask the court to emancipate you, use the Forms link to prepare your forms. The Checklist below has step-by-step instructions for asking a court to emancipate you. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
Emancipation is releasing a minor from the care and control of the minor’s parents, guardians, or custodians. It gives the minor many of an adult’s rights and responsibilities. Emancipation can happen by operation of law or by a court order. Read the article What is Emancipation? to learn more.
An emancipated minor has many of an adult’s rights and responsibilities. They can:
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Live on their own
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Keep the money they earn
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Register for school
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Get married
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Make a will
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Authorize their own medical, dental, and mental health care
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Enter contracts, including leases
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Conduct business
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Sue someone or be sued by someone
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Apply for medical assistance, such as Medicaid
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Apply for other assistance, such as cash or food assistance
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Make decisions for their own child
An emancipated minor still can’t vote or consume alcohol.
If your parents don’t want you to be emancipated, it will be harder to prove to the judge that you should be emancipated. You will have to prove the following:
- Your parents are not financially supporting you;
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You can manage your own financial, personal, and social affairs;
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You understand your responsibilities as an emancipated person.