Louisiana Emancipation Law

**keady07** · 02-03-2006, 02:04 PM

I'm 16 years old I make 17 in 6 months. I live in Napoleonville, Louisiana. I moved down here by my aunt I'm from New Orleans but 9 months ago my grandparents send me down here to stay with her. I'm not happy stayin here, I dislike how I get treated here. They have a lady that's been in the family for years stay with us and she always tell me something when my aunt not home for nothing, but when my aunt gets home she don't have nothing to say. I don't have a room I have to sleep in the front room. I get a check but I sometime get money like a dollar a day. I only went to the store to get something new to wear one time. I only have the old cloths that I came down here with and that was summer cloths I have about 2 or 3 pairs of jeans to wear but not I never told no one that my couisn try to have sex with me he wanted to see if I was having sex but I didn't. Their was one time my aunt was mad and she call me a ''B'' but her daugher always call me that and she don't say anything about it. I want to know what can I do to get of this house. I have a friend that stay in Mississippi that I can go stay with and finish school because I'm a Jr. in high school

**aaron** · 02-03-2006, 02:39 PM

Louisiana recognizes three types of emancipation:

1. Emancipation conferring the power of administration.

2. Emancipation by marriage.

3. Emancipation relieving the minor from the time prescribed by law for attaining the age of majority.

Some statutes from the Louisiana Civil Code describing how emancipation can be obtained:

Quoting Art. 366. Emancipation by notarial act

The minor, although not married, may be emancipated by his father or, upon the death of the father, by his mother or, in the event of divorce or separation from bed and board, by the natural tutor or cotutors acting jointly, when he shall have arrived at the full age of fifteen years.

This emancipation takes place by the declaration to that effect of the father, the mother, or both, before a notary public in the presence of two witnesses.

Quoting Art. 368. Emancipation by reason of ill treatment.

The minor may be emancipated against the will of his father and mother, when they ill treat him excessively, refuse him support, or give him corrupt examples.

Quoting Art. 370. Emancipated minor's powers of administration.

The minor who is emancipated has the full administration of his estate, and may pass all acts which are confined to such administration, grant leases, receive his revenues and moneys which may be due to him, and give receipts for the same.

Quoting Art. 379. Emancipation by marriage.

The minor, whether male or female, is emancipated of right by marriage.

Quoting Art. 385. Emancipation of minor sixteen years or older.

A minor sixteen years of age or older may be judicially emancipated and relieved of the disabilities which attach to minority as provided in Articles 3991 through 3994 of the Louisiana Code of Civil Procedure.

**keady07** · 02-03-2006, 02:52 PM

where can I look up that information about that can you find out the steps for 16 year old emancipation. Do you think that I have a change of getting out the house.

**aaron** · 03-21-2006, 09:16 AM

You can review the Louisiana Civil Code, and Articles 3991 through 3994 of the Louisiana Code of Civil Procedure.

Quoting Louisiana Code of Civil Procedure

Art. 3991. Petition; court where proceeding brought

The petition of a minor for judicial emancipation shall be filed in the district court in the parish of his domicile, and shall set forth the reasons why he desires to be emancipated and the value of his property, if any.

Art. 3992. Consent of parent or tutor

The petition of the minor shall be accompanied by a written consent to the emancipation and a specific declaration that the minor is fully capable of managing his own affairs, by the following:

(1) The father and mother if both are alive, or the survivor if one is dead. If either parent is absent or unable to act, the consent of the other parent alone is necessary. If the parents are judicially separated or divorced, and the custody of the minor has been awarded by judgment to one of the parents, the consent of that parent alone is necessary. A surviving parent is not required to qualify as natural tutor in order to give such consent, nor is the appointment of a special tutor necessary.

If the petition is filed on the ground of ill treatment, refusal to support, or corrupt examples, parental consent is unnecessary, but the parents or the surviving parent shall be cited to show cause why the minor should not be emancipated.

(2) The tutor of the minor if one has been appointed. If a tutor of his property and a tutor of his person have been appointed for the minor, the consent of both is necessary. If no tutor has been appointed, or if the tutor has died, resigned, or been removed, and there is no surviving parent who is able to act, a special tutor shall be appointed. If the tutor or special tutor refuses to give his consent, he may be cited to show cause why the minor should not be emancipated.

Art. 3993. Hearing; judgment

If the judge is satisfied that there is good reason for emancipation and that the minor is capable of managing his own affairs, he shall render a judgment of emancipation, which shall declare that the minor is fully emancipated and relieved of all the disabilities which attach to minority, with full power to perform all acts as fully as if he had reached the age of majority.

Art. 3994. Expenses of proceeding

Whether the minor succeeds or fails in obtaining a judgment of emancipation, all expenses which he may have incurred shall be paid out of his estate.