This article was co-authored by Steven Kibbel and by wikiHow staff writer, Hannah Madden. Steven Kibbel is a Certified Financial Planner and Founder of Kibbel Financial Planning based in Franklin, Tennessee. With over a decade of experience, Steven is passionate about empowering people to take charge of their financial future by offering comprehensive financial planning services, including cash flow planning, investment planning, and retirement planning. He is also a Chartered Financial Consultant, a Real Estate Affiliate Broker, and the author of several children’s books focused on teaching financial literacy. Steven has a Bachelor of Business Administration degree from Middle Tennessee State University.
There are 7 references cited in this article, which can be found at the bottom of the page.
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If you’re under 18 and already living apart from your parents (or want to live separately from them), you might be considering emancipation. This process gives you the legal right to care for and advocate for yourself without your parents’ permission so you can support yourself and live your own life. The emancipation process may vary slightly from state to state, but the process is, for the most part, very similar. Keep reading to learn what you need to do to get emancipated as a teen and what to expect from the process.
Things You Should Know
- Start the process by filling out a Petition for Emancipation, either on your own or with your parents.
- Go to a preliminary meeting with a judge to prove you can support yourself financially by showing proof of income.
- Attend a court hearing and prove that your parents are no longer financially supporting you.
Steps
Getting Emancipated
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Fill out a Petition for Emancipation. In most jurisdictions, either you or your parents can file a petition for your emancipation, with or without the assistance of a lawyer. Contact the Circuit Court in your jurisdiction and ask for a petition, then fill it out along with any other forms you are required to provide. This could include:
- Writing an affidavit to the petition, which is a description of your reasons for filing it.
- Writing a financial statement describing your personal financial situation.
- Getting a verification of employment from your job, to ensure you can pay your bills.
- Getting an affidavit, or description, from either your parents or an adult who knows you personally and believes emancipation to be in your best interest. This could include your physician, social worker, psychologist, teacher, school counselor, school administrator, or minister.
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File the petition and paperwork with a filing fee. When you have the paperwork filled out, return it to the Circuit Court and pay the filing fee to file the petition. Filing fees vary from state to state, but are generally between $150 and $200.
- Filing fees are required whether or not a judge grants your emancipation.
- If you cannot pay the filing fee, ask for a fee waiver form from court staff when you turn in your paperwork.
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Attend a preliminary meeting. After your paperwork has been processed, you'll receive a date for a preliminary that you must attend, with or without a lawyer. Your parents or guardian will be given notice that they may also attend if they want to.[1]
- If you have enough money, hire a lawyer to speed and help improve your chances of getting emancipated. Search for a family lawyer who has experience in emancipation so they can guide you through the process.
- The court will make sure that you have a job to support yourself financially.
- Your parents or guardian will have the chance to object to your petition if they wish, and explain their reasons for doing so.
- In some cases, an investigation will be conducted. If your parents or guardian are found to be providing an acceptable home, and do not wish for you to be emancipated, your petition may be rejected.
- If the evidence presented is found to be true, your case will move forward, and a court hearing will be scheduled.
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Attend a court hearing. At the court hearing, you as the minor are responsible for proving that your parents either approve of emancipation or aren't supporting you, that you have the ability to manage your financial and social affairs, and that you understand your rights and responsibilities. To do this, explain your situation clearly, and offer up copies of the paperwork you gathered for your petition earlier. If you are able to provide proof that is acceptable to the Court, emancipation will be granted, and will be kept on file with the Court until you are 25.
- If you or your parents object to the decision, either to grant you emancipation or not, you may file an appeal with the Court of Appeals.
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Live as an adult. Once you have gained emancipation, you are responsible for living entirely without the help of other adults — this includes dealing with your new financial obligations (like rent). You are no longer legally required to rely on your parents for assistance, so it's important to do well at your job and keep up with your bills to create a stable life on your own.[2]
Expert Q&A
Video
Tips
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The more adult-like and prepared for independent life you appear, the better your chances for having the emancipation approved.Thanks
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Emancipation doesn't mean you have to completely separate from your parents, although it does mean your parents are no longer legally responsible for you.Thanks
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Teens are typically only emancipated if it is believed to be in their best interest. You will probably not be emancipated if you are living in a loving home but just don't get along with your parents. Emancipation only happens under extreme circumstances.Thanks
References
- ↑ https://www.nolo.com/legal-encyclopedia/emancipation-of-minors-32237.html
- ↑ https://lasc.libguides.com/c.php?g=583261&p=4027431
- ↑ https://www.statesidelegal.org/emancipation-and-military-service
- ↑ https://lasc.libguides.com/c.php?g=583261&p=4027431
- ↑ https://www.courts.ca.gov/selfhelp-emancipation.htm
- ↑ https://www.statesidelegal.org/emancipation-and-military-service
- ↑ https://www.findlaw.com/family/emancipation-of-minors/rights-privileges-and-duties-of-emancipation.html
- ↑ https://ctlawhelp.org/en/a-teenagers-guide-to-emancipation
- ↑ https://www.iowalegalaid.org/resource/emancipation-and-minor-guardianships-to-preve
About This Article
To get emancipated as a teen, focus on living your life independently and following the legal requirements to get emancipated. To prove your independence, find a job so you can pay for your own living expenses. Additionally, look for a place to live so you can prove that you have your own permanent address. When you feel ready to apply, fill out a petition for emancipation, which you can get from your local Circuit Court. Make sure you attach an affidavit giving your reasons for wanting to be emancipated. Once you’ve handed in the documents, attend a preliminary hearing in court when you’re requested to do so. At the hearing, you’ll need to prove that you’re self-sufficient and that your parents are not providing for you. For tips on how to decide if emancipation is a good idea, keep reading!
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