Children, especially teenagers, often ache for the day when they will turn 18, move out of their parents’ home and live life on their own terms. For some children, however, this change may come sooner than 18 if they choose to become emancipated.
What is Child Emancipation?
Child emancipation occurs when a minor becomes emancipated from his or her legal guardian. An emancipated minor is then able to conduct all business and other occupations on his or her own behalf, without the influence of a parent or other guardian. When a child is emancipated, the parent or guardian is also free from any responsibility concerning the child.
Child emancipation is legal throughout the United States, but whether or not parental or guardian consent is needed to complete the emancipation process varies from state to state. For the emancipation to be awarded it must be granted by the court, and until that happens, the legal guardian of the child in question is still responsible for all decisions of that child.
Child Emancipation in Austin, Texas
In most states and countries, emancipation can occur through economic self-sufficiency, marriage, obtaining a degree or participating in some form of military service. However, rules are different in some states.
In Austin, Texas for example, a child may petition for emancipation if he or she is a resident of the state of Texas, 17 years old or 16 years old and not living with his or her legal guardians. The child must also be self-sufficient and able to manage all of his or her own financial affairs.
Child Emancipation: A Long Process
In most states throughout the country, the minor wishing to be emancipated is required to file a petition with the family court, citing all reasons why emancipation is in his or her best interest. Because a minor usually has to prove financial self-sufficiency, there are many states that offer free legal aid and advice through children’s law centers.
Oftentimes child emancipation is difficult to obtain because what constitutes “best interest” for a child is hard to define; the term itself is extremely subjective and narrow. Some children want to be emancipated because they have been victims of abuse while others wish to be emancipated so they do not have to be placed in foster care. In cases where the minor is simply dissatisfied with the parents’ rules, the case is often dismissed.
