Louisiana Emancipation Law

My question involves juvenile law in the State of: Louisiana

This is the Louisiana Emancipation by Notarial act:
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 co-tutors 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.
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I have successfully written a statement of emancipation and had it signed by my mother (my father is unavailable) and two witnesses at a notary and had it notarized. Do I still have to pay the $275 to get a court hearing and petition for my emancipation? Do I still have to go to a judge, lawyer, etc? Thank you.

by statute you do not qualify at all as your father is unavailable, not deceased, and you lack his agreement.

you may want to research case history as that section may have been altered due to the sex discrimination in the statute.

Thank you! My father is unavailable because he has been in prison since I was born, I do not think I even have a father on my birth certificate, as he was not at my birth and he has been in prison since my mother was impregnated with me.. I know who my father is but I do not 'know' him or his whereabouts or any family members on his side of the family. Does this still make me not qualify? If I qualify, do I still have to go to court or am I now (limited) emancipated by the notarial act? Thank you.

If mom has been awarded sole custody following divorce, mom is the "natural tutor".

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Quoting Louisiana Civil Code, Art. 250. Persons entitled to tutorship.

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Upon the death of either parent, the tutorship of minor children belongs of right to the other. Upon divorce or judicial separation from bed and board of parents, the tutorship of each minor child belongs of right to the parent under whose care he or she has been placed or to whose care he or she has been entrusted; however, if the parents are awarded joint custody of a minor child, then the cotutorship of the minor child shall belong to both parents, with equal authority, privileges, and responsibilities, unless modified by order of the court or by an agreement of the parents, approved by the court awarding joint custody. In the event of the death of a parent to whom joint custody had been awarded, the tutorship of the minor children of the deceased belongs of right to the surviving parent.

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I suspect that if paternity was never established (i.e., mom is the only parent identified on the birth certificate) she would also be the natural tutor. A quick search uncovered a paternity case in which the mother who filed the case was described as the minor child's natural tutor.

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Quoting arielriley123

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My question involves juvenile law in the State of: Louisiana

This is the Louisiana Emancipation by Notarial act:
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 co-tutors 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.
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I have successfully written a statement of emancipation and had it signed by my mother (my father is unavailable) and two witnesses at a notary and had it notarized. Do I still have to pay the $275 to get a court hearing and petition for my emancipation? Do I still have to go to a judge, lawyer, etc? Thank you.

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Can you prove this? "... fully capable of managing his own affairs"

As I look a bit further, the statute has been significantly modified by the legislature:

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Quoting Louisiana Civil Code, Art. 365. Emancipation

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There are three kinds of emancipation: judicial emancipation, emancipation by marriage, and limited emancipation by authentic act.

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Quoting Louisiana Civil Code, Art. 366. Judicial emancipation

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A court may order for good cause the full or limited emancipation of a minor sixteen years of age or older. Full judicial emancipation confers all effects of majority on the person emancipated, unless otherwise provided by law. Limited judicial emancipation confers the effects of majority specified in the judgment of limited emancipation, unless otherwise provided by law.

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Quoting Louisiana Civil Code, Art. 367. Emancipation by marriage.

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A minor is fully emancipated by marriage. Termination of the marriage does not affect emancipation by marriage. Emancipation by marriage may not be modified or terminated.

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Quoting Louisiana Civil Code, Art. 368. Limited emancipation by authentic act.

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An authentic act of limited emancipation confers upon a minor age sixteen or older the capacity to make the kinds of juridical acts specified therein, unless otherwise provided by law. The act shall be executed by the minor, and by the parents of the minor, if parental authority exists, or by the tutor of the minor, if parental authority does not exist. All other effects of minority shall continue.

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Yes I can. I work 2 jobs, which earns me about $1300 a month. I wish to start up my own soap company, which will be another source of income if it is successful. I have another job waiting at my local bakery, but I cannot fulfill it yet because of child labor laws, which is another reason I want to be emancipated. I have looked into apartments and calculated my living costs, which will be about $1000-$1100 monthly. I would already be living in my own apartment if I could, but of course no apartment complex would let a 16 year old who isn't emancipated rent an apartment. I have saved up enough money for a car, but I cannot buy one yet because I cannot enter binding contracts unless I am emancipated. I have taken drivers ed, but cannot receive my drivers permit or license without emancipation or my moms signature (she is always busy and it's hard to get her to come to the dmv). I graduate from high school in 2 months and plan on going to Xavier in New Orleans. I am fully capable of supporting myself, and my mother agrees.

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Thank you so much! Can you explain it a little to me. My question is do I still need to petition the emancipation and pay the fees to get a hearing, lawyer, judge, etc?
What does "All other effects of minority shall continue." mean?
Thanks.

Even assuming you succeed in your ambition to be emancipated, a landlord is not legally obligated to rent to you if he doesn't want to rent to a 16 year old whether he's emancipated or not, and emancipation does not generally make other age related laws go away.

Thanks for letting me know that. I can find other living arrangements besides an apartment, as I have many family members/friends, and also I could still live with my mom or grandparents, even though I would be financially stable for myself. My main reason my emancipation is to get a car and insurance in my own name, finical aid for college, and to work more, if possible.
My question, again, is:
Do I still need to petition the emancipation and pay the fees to get a hearing, lawyer, judge, etc after I have successfully had the statement of emancipation signed and notarized, as the emancipation by authentic/notarial act states?
What does "All other effects of minority shall continue." mean?
Thanks.

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Quoting arielriley123

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Can you explain it a little to me. My question is do I still need to petition the emancipation and pay the fees to get a hearing, lawyer, judge, etc?
What does "All other effects of minority shall continue." mean?
Thanks.

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It means that your parents can grant you certain rights that an adult would have by outlining those rights in a formal document. This is a non-judicial process, and is the successor to emancipation by notarial act.

They cannot grant you rights where the grant would conflict with state law -- an obvious example would be that they cannot give you the right to buy alcohol -- and that's something that you would have to research in specific relation to any given right that is granted in the document. I doubt that you're going to find a list of all rights that are excluded from that provision. For example, you might find that the DMV won't accept the document in lieu of your mother's signature; that's not something I've researched, but it is something you should explore if your hope is to use the document to avoid her having to sign documents with the DMV.

Note also that even with emancipation, no apartment has to rent to you at the age of 16 or 17.