“What are your thoughts on emancipation? My ex-best friend’s daughter wants to explore this option for herself, but I don’t know how to get emancipated without parental consent. She spends a lot of time living with me but I want to help her with long term escape plans, legally & permanently“.
Emancipation refers to the legal process in which a minor is freed from control by their parents or guardians, and the parents of guardians are freed from responsibility for the child. A child cannot get emancipated before they turn 16.
When a child gets emancipated, they are granted authority and legal ownership of their bank accounts and properties. They are able to make financial, housing, and medical decisions on their own. Emancipation brings freedom but it also brings new responsibilities and burdens: paying rent and other living costs, paying medical bills, or being sued. This does not mean that the minor becomes an adult. They still will not be able to vote, buy or drink alcohol, get a driver’s licence, or quit school before the legal age of doing so.
The process of emancipation depends on the country (or state if you are in the US) where you live.
In the US, different states have different laws with little guidance from federal law. There are three ways a child can become emancipated: getting married (but parental consent is needed to get married), joining the military or go to court and have the judge declare them emancipated. To get legally emancipated in a court, the minor is responsible for filing a petition with the juvenile court. The minor has the responsibility for proving that they have the ability to support themselves financially and that they have a place to live. When making a decision, the court will consider factors, such as the age of the minor, his maturity, home situation, and whether emancipation is in his best interest, before. Parents or guardians must be notified of the child’s request for emancipation. Usually, parents or guardians have the right to object to the emancipation.
In the UK, teenagers are able to leave home without parental or guardian permission at the age of 16. However, they remain under their parents’ custody until they reach 18.
There are many different reasons why a child may want to get emancipated: escaping an abusive or neglectful home, making their own healthcare decisions, enrolling in a high school or trade school of their choice, or not getting on with their parents. Whatever the reasons, it is usually and tough decision that must be made after serious consideration and always keeping the best interest of the minor in mind.
I don’t know the specific case of the girl you want to help. My advice is:
- That she, if at all possible, discusses the issue with her parents. And to carefully consider if she may ever want to go back to their family. Are the problems temporary or permanent?
- She must carefully consider if she can really support herself before filing the petition.
- Contact a local lawyer so she can get legal advice.
- Emancipation is a painful process. It may be a good idea that she receive psychological support. Do get in touch with me if you would like to explore this option.
Thank you for trusting me with your problems and I hope you find this information useful. I wish this child the very best of luck.
Love,
Ana
