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Self-Emancipation of Minors
What
is self-emancipation?
A minor may obtain a court
order declaring him or her to be
self-emancipated. A self-emancipated
minor has most of the legal rights
and duties of an adult. The parents
of a self-emancipated minor have no
further duty to support the minor. |
Who can
seek self-emancipation?
A minor who has left his or her
parents' home and become self-sufficient
may seek self-emancipation. |
How does
a minor become self-emancipated?
A minor is never automatically
self-emancipated, even if the minor has
left the parents' home and become
self-sufficient. A minor must obtain a
court order declaring him or her to be
self-emancipated. Therefore, the minor
must file an application for
self-emancipation in the appropriate
court. The court will hold a hearing,
admit evidence, and grant or deny the
application.
What factors will a court consider in
deciding whether to declare a minor
self-emancipated?
The law of self-emancipation varies by
state. However, courts generally
consider the following factors when
deciding whether to grant an application
for self-emancipation: |
- Self-sufficiency. In order to be
self-emancipated, the minor must
prove self-sufficiency, i.e., the
ability to support himself or
herself. The court may require the
minor to present documentary
evidence, such as paychecks and
bills.
- Parental Consent. A court may be
more likely to declare
self-emancipation if the minor's
parents consent to the emancipation.
- Maturity and Responsibility. A
court will determine whether the
minor possesses the maturity and
responsibility to be emancipated.
The court will make the
determination based on the testimony
of the minor and the parents and all
other relevant evidence.
- Age. State laws impose minimum
age requirements on self-emancipated
minors. For example, a minor who is
under 17 will not be eligible for
self-emancipation in some states.
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Cameron, Gonzalez & Marroney has its
principal office at 901 N. Olive Avenue, West
Palm Beach, Florida, 33401. We represent our
clients before Federal and State Courts in
Miami, Fort Lauderdale, West Palm Beach,
Martin, and St. Lucie counties, Vero Beach, and
all family courts throughout the state of
Florida. |
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Cameron, Gonzalez & Marroney practices in the following areas of law: General Civil Trial Practice, Corporate, Business Law, Contracts, Real Estate, Personal Injury, Wrongful Death, Criminal Law, Commercial Litigation, Construction Law, Medical Malpractice, Family Law, Divorce and Child Custody. |
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