Emancipation of a Minor

Every child dreams of the day that they will be able to be on their own, free from the rules that their parents have over them. No matter how many times a parent will tell a child that once they are grown and on their own, they will want to be a child again, children will continue to look forward to that day, rushing their childhood along. For various different reasons, a teenager may decide that they would be better off living separately from their parents and will seek the help of a family law lawyer to aid them through the process of emancipation of a minor.

When Minors Leave Home

From a legal standpoint, parents are required to keep their children living under their roof until they reach the age of 18. Parents can give permission for the child to move in with another adult such as an aunt and uncle or grandparent, however, they are not allowed to move out on their own. One of the biggest reasons for this is that a child under the age of 18 cannot legally enter into a contract. This means they cannot buy their own car or rent their own apartment. They are not eligible for credit and most teenagers will have a difficult time acquiring a job that pays enough to support themselves.

Ways Minors Can Become Emancipated

Marriage

One of the ways in which a minor may become emancipated is for the purpose of marriage. The legal age of marriage in Texas is 18 though someone under the age of 18 can enter into a marriage with parental consent. A family law lawyer can go over the details that are necessary for a person to marry under the age of 18. When the parents grant this permission, the child is then emancipated from their parents and becomes the responsibility of their spouse just as any other married people do.

Permission to Enter the Military

Another way in which a minor may become emancipated is if the parents grant the child permission to enter the military. The legal age to enter the military of your own will is 18, however, parental permission can override this legal age. A family law lawyer can help you and your family to decide if allowing your child to enter the military is what the child wants and how to go about giving your child permission and thus emancipating them.

At Minor’s Request

A third way in which the emancipation of a minor can occur is at the minor’s request. In this situation, the minor will need to employ the services of a family law lawyer to help them with the legal aspects of this emancipation. Being emancipated prior to the age of 18 is very difficult and it is up to the minor child to plead their case. The judge will be looking for several things in making the decision whether to emancipate the child legally or not. One of the most important things that a judge will look at is whether the child is capable of making a living and supporting themselves. If a minor thinks that they can move out of their parents’ home and still receive financial help from the parents, they are sorely mistaken. The courts will also try to determine whether they think the child will be able to mentally handle the rigors of life on their own.

Emancipation of a Minor: Rules

There are several rules, however, that must be followed to bring about the emancipation of a minor. First of all, no minor under the age of 16 can be emancipated from their parents. Some of the bigger reasons for this include not being able to legally drive as well as not being legally able to work a full time job. These are two components that can be crucial to living on your own. Driving a car is not completely necessary but having a job is. Secondly, the minor must be able to support themselves and efficiently live on their own. A family law lawyer can help a minor to determine if they will be able to meet these rigid requirements.

Minors & Pregnancy

Some teenagers believe that if they become pregnant and have a child that they will be automatically emancipated from their parents since they will be a parent. This is not true, however. Having a baby does not emancipate someone who is under the age of 18. The baby is the responsibility of the teenager but the teenager is still the responsibility of their parents.

Parental Support

The biggest thing that separates an emancipated minor from one that is still the responsibility of their parents is support. A child that is capable of supporting themselves and is doing it has a good chance of being emancipated. One who still depends on their parents for financial and emotional support will not be granted emancipation. Most teenagers can’t wait to get out of their parents’ house. However, sometimes it is best to wait it out.

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