Can I Get Emancipated?

[aaron]

Can you get emancipated? Probably not.

• Some states don't allow emancipation, or offer a very limited form that does not remove you from the custody of your parents.

• Those permitting emancipation often require that you already be living independently, supporting yourself from your own income and savings, before you can emancipate.

• Most states require that you be at least sixteen years old to emancipate.

• Some states require your parents to consent to emancipation, and all will let your parents oppose your petition to emancipate.

Before you post you should review your state's laws by reviewing existing threads in this forum.

Links are provided in this thread.

[aaron]

Most likely, your complaints against your parents does not provide you with grounds for emancipation. The following complaints are not grounds for emancipation, although some may weigh into a court's best interest determination when considering your petition:

• I want to move in with my boyfriend/girlfriend, and my parents won't let me.

• My parents won't let me date.

• My parents ground me all the time.

• I hate my parents.

• My parents are moving and I don't want to go.

• I'm always arguing with my parents.

• My parents have too many rules.

• I want to live with my dad instead of my mom (or my mom instead of my dad).

If you are being abused by your parents, you should report the abuse to the authorities. 1-800-4-A-CHILD.

[aaron]

Most emancipation laws require you to be financially self-sufficient. That means you must be able to support yourself at the time you bring your petition for emancipation. It does not mean:

• I will live with somebody who will support me.

• Once I'm emancipated I'll be able to get a job and then I can support myself.

• I'll apply for public assistance after I emancipate.

[aaron]

Pregnancy will not emancipate you from your parents.

You will be entitled to make your own decisions concerning your medical care and the care of your child, but otherwise you will remain in your parents custody.

As if you are pregnant you need to be able to support not only yourself, but also a child, the chances of becoming emancipated if you are pregnant are vanishingly small.

[aaron]

"The law isn't fair. Can I get emancipated even if my state's laws say that I can't?"

Your emancipation rights arise from state law. If your state doesn't allow you to emancipate, you can't emancipate.

"What if I file for emancipation in another state?"

You have to petition for emancipation in a state of your legal residence. You cannot emancipate in any other state.

"If I argue with people who explain the law to me, will I be able to emancipate?"

No. Arguing doesn't change the law.

[aaron]

"I'm already a legal adult, but I want to emancipate for purposes of financial aid."

Whether or not you qualify for financial aid without the financial contribution of your parents, or your parents' documentation of their income to your college's financial aid office, is something you need to work out with your college's financial aid office. There's no "emancipation" case you can bring that will allow you to sidestep financial aid rules and regulations.