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  1. #1
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    Default Vermont Emancipation Law

    How can a minor get emancipated in Vermont?

  2. #2
    Join Date
    Mar 2005
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    Default Re: Vermont Emancipation Law

    Vermont's emancipation laws can be read here. You can emancipate by lawful marriage, entering into active duty military service, or by court order.
    Quote Quoting 12 Vermont Statutes 7151. Emancipated minor; definition; criteria
    (a) As used in this chapter:
    (1) "Emancipated minor" means a minor who:
    (A) has entered into a valid marriage, whether or not such marriage was terminated by dissolution;

    (B) is on active duty with any of the armed forces of the United States of America; or

    (C) has been ordered emancipated pursuant to section 7155 of this title.
    (2) "Risk of harm" means a significant danger that a child will suffer serious harm other than by accidental means, which would be likely to cause physical injury, neglect, emotional maltreatment or sexual abuse.
    (b) In order to become an emancipated minor by court order under this chapter, a minor at the time of the order must be a person who:
    (1) is 16 years of age or older but under the age of majority;

    (2) has lived separate and apart from his or her parents, custodian, or legal guardian for three months or longer;

    (3) is managing his or her own financial affairs;

    (4) has demonstrated the ability to be self-sufficient in his or her financial and personal affairs, including proof of employment or his or her other means of support. "Other means of support" does not include general assistance or Aid to Needy Families with Children, or relying on the financial resources of another person who is receiving such assistance or aid;

    (5) holds a high school diploma or its equivalent or is earning passing grades in an educational program approved by the court and directed towards the earning of a high school diploma or its equivalent;

    (6) is not under a legal guardianship or in the custody or guardianship of the commissioner of social and rehabilitation services;

    (7) is not under the supervision or in the custody of the commissioner of corrections.
    Quote Quoting 12 Vermont Statutes 7155. Findings; order of emancipation
    (a) After completion of the hearing and consideration of the record, the court shall make findings and issue its order. If the court finds that the minor meets the criteria in subsection 7151(b) of this chapter and that emancipation would be in the best interests of the minor, the court shall forthwith issue an order of emancipation.

    (b) At the time of the hearing under this section the court shall consider the best interest of the minor in accordance with the following criteria:
    (1) emancipation will not create a risk of harm to the minor;

    (2) the likelihood the minor will be able to assume adult responsibilities;

    (3) the minor's adjustment to living separate and apart from his or her parents, guardian, or custodian;

    (4) the opinion and recommendations of the minor's parents, guardian or custodian.
    (c) In ascertaining the best interests of the minor under this section, the court shall consider the appointment of a guardian ad litem.

    (d) Any order of guardianship or custody shall be vacated before the court may issue an order of emancipation. Other orders of the family or probate court may be vacated, modified or continued in this proceeding if such action is necessary to effectuate the order of emancipation. Child support orders relating to the support of the minor shall be vacated, except for the duty to make past-due payments for child support, which, under all circumstances, shall remain enforceable.

    (e) The court may require an emancipated minor to report periodically to the court or to another person specified by the court, regarding the minor's compliance with the provisions of section 7151(b) of this title. Failure to report as required may result in the emancipation order being vacated upon notice to the parties.

    (f) An order of emancipation shall be conclusive evidence that the minor is emancipated.

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