A Teenager's Guide to Emancipation
disclaimer

THIS IS NOT A LEGAL DOCUMENT. This information is not written by a lawyer, a paralegal, or anyone associated in any way with a court, legal or government office.

Laws are different in EACH state. It is impossible know know every law and every exception and special circumstance allowed in each state. Seek legal counsel to find out which emancipation laws and conditions apply in your state before you do ANYTHING regarding emancipation.

Do not use this document that you are reading now as your only guide for trying to get yourself emancipated from your parents.

Emancipation is a legal process that gives a teenager and citizen of the USA, in the USA, who is under 18, legal independence from his or her parents or guardians - the same legal independence he or she would acquire upon an 18th birthday and moving out of the home. It is something that can be granted only through proper state legal processes and by a court judge. Emancipation laws vary from state to state.

The age at which emancipation is possible varies by state. Some states grant emancipation for youth as young as 14. For others, the youth must be at least 16.

After the emancipation is final, the minor will be viewed as an adult in the eyes of the law, and will be held legally responsible for all of his or her actions, including debts and taxes. Consider that carefully: once you are emancipated, no matter your age, you have to pay taxes, you have to pay all of your own expenses. No one will give you any money, and government benefits like unemployment benefits will not be enough to pay rent, utilities (gas, electricity, Internet access, etc.), medical expenses, food, etc.

Emancipation is not something to do because your parents do not understand you, because they do not pay attention to you, because you are unhappy, because you don't like your parents, because you don't think your parents like you, etc.

Emancipation is a legal tool that you may want to look into if:

  • Your parents have taken out loans and credit cards in your name, thereby ruining your credit and making you legally responsible for their debts
  • Your parents have taken money from you that you have earned or that has been given to you
  • Your parents have told you that you no longer may live with them, and they would say so if brought before a judge
  • Your parents have told you that, for you to continue to live with them, you must engage in activities that go against your deeply-held values (they run a slaughter house and you are a vegan, or they hold meetings promoting white supremacy in their home and you are not a white supremacist, for instance)
  • Your parents have told you that, for you to continue to live with them, you must engage in activities that would be profoundly degrading or humiliating or even dangerous (for instance, they deny you access to vaccines; they deny you access to medicine because of their religious beliefs; you are gay and they want to force you into "conversion" therapy - and such therapy is so dangerous that many states ban it; or they want to force you to marry someone you don't wish to marry, or they want you to carry a pregnancy to term you want to abort, etc.)
  • Conditions at your parents home are unsanitary or unsafe 
  • Someone in your parents home has physically or emotionally abused you, or threatened such abuse
In many states, being granted emancipation by a judge may require you:
  • to bring forth evidence (text messages, videos, recordings, witness accounts by non-family members, your journal that you have kept over a full year, etc.) enough to convince the court that emancipation is in the best interests of you, or your parents, or your minor child (if you have one)
  • to already be living apart from your parents or guardian, or to be ready to do so immediately (in a friend's home, for instance, with your friend ready to testify that this is so)
  • be managing your own money
Emancipation may be granted if you are married, want to get married, are in the U.S. armed forces or about to join the armed forces. However, do NOT get married or join the U.S. armed forces in order to become emancipated! Again, please, I beg you, do NOT get married or join the U.S. armed forces in order to become emancipated!

Again - emancipation laws vary from state to state. These are general guidelines, but you will only know the correct process by investigating this information yourself.

  • Contact an attorney, a local government children's services office or a juvenile court office to obtain counsel from a qualified professional. Often times, a minor is provided legal counsel at no charge in the case of emancipation.

  • Work with your legal counsel to prepare your petition for the right to be emancipated. Your reasons for emancipation must be verifiable for a judge to accept the petition and grant the request.

  • Provide written proof of your financial independence from parents or legal guardians. A minor must be able to prove a legal source of income. The judge may require the minor to prove medical insurance if he or she would lose such coverage from parents or guardians through emancipation.

  • Provide documentation that you are not living with parents or legal guardians, or documentation that shows where you will be living upon emancipation. In many cases, this living arrangement must be approved by the parents from whom you are seeking emancipation.

  • Keep attending school and prove that you will continue to do so, or, obtain your General Education Degree (GED).

  • If you have joined the U.S. military, have all of your paperwork detailing your enlistment

You must actively participate in this emancipation application process - no one can do the process entirely for you, not even a lawyer. Your ability to complete the emancipation process and be an active, calm, attentive participate will demonstrate to the judge whether or not you are ready for emancipation.

If you are a youth under 18 in the USA who doesn't have a driver's license or state ID card, and you want to obtain at least a state ID card but parents cannot or will not help you, this guide can help. It's especially for teens experiencing homelessness, but can help any teen who wants or needs a state ID card (which you will need to open a bank account, get legal paid work, to rent an apartment, to get utilities turned on at an apartment, etc.).

Once you have filed and completed all the proper paperwork for emancipation, a judge will review the petition and make a decision. You will probably have to attend court proceedings.

Remember: after the emancipation is final, the minor will be viewed as an adult in the eyes of the law. If you are emancipated:

  • You are responsible for your own living arrangements. That probably means paying rent, obtaining furniture, etc.
  • You are responsible for obtaining medical care and to pay the bills or to arrange for financial help in paying them.
  • Your parents or guardians will have no obligation to support you financially, or give you any food, clothing, or shelter.
  • You may seek employment, join the military, get married, enroll in a school or college, or make other major life decisions without asking your parents. However, you will also have to pay taxes and any fees associated with these activities.
Think very carefully before you start the emancipation process. It is a tremendous amount of financial, legal and personal responsibility to take on.

There are alternatives to emancipation. If you need some relief from family problems that do not threaten your safety or your well-being, could you stay with a friend or another family member for a few weeks or a few months, or even an entire summer or semester?

What about spending as much time as possible away from home, in a job (and making money so you can move out legally at 18, without any need for legal proceedings), in after-school activities (not only a healthy, positive experience but also looks good to employers or universities you want to attend), volunteering, (not only healthier alternative to being around unsupportive parents, but also looks good to employers or universities you want to attend), studying and reading at the library, or in activities in a community of faith? I highly recommend you fill your day outside of school hours with paid work, volunteering, or reading at the library (which is a safe space). None of that is wasted time - all of it will help you flourish in a home that isn't supportive.

Avoid illegal activities and school discipline problems. You are better off hanging out at the library reading than hanging out with friends engaged in illegal activities and, therefore, ending up in legal proceedings or detention. If that means no longer hanging out with friends, then drop them and don't look back - if you are truly focused on getting out of a bad family situation, this is the price you need to be prepared to pay.

Could your school guidance counselor, a parent of a friend or the leader in your community of faith (church, temple, mosque) talk to your parents and try to negotiate better living conditions until you are 18 and move out on your own? Could you come up with agreements such as your family agreeing to not require you to attend religious services in exchange for your not insulting their religion?

Remember that you are NOT going to live with your parents forever. When you are 18, you can legally remove yourself from your home. If at all possible, if it won't endanger your health or safety to stay, then stay and put your energies into being financially ready to leave when you turn 18.

If you think there is any chance of your parents, upon your turning 18 and leaving, trying to prevent you from taking money you have earned, your clothes, and other items that you believe, in the eyes of the law, are yours (your parents gave them to you or you bought them), then talk to your friends that will keep your plans absolutely confidential and negotiate getting your most wanted, most necessary, most beloved possessions into their homes, confident that they will not reveal your plans and will give these items to you when you leave home. Christmas presents and birthday presents are yours, but a TV your parents bought and that happens to be in your room may not be. The less you take, the better for you. When handing over items to a friend for safe keeping, write up a hand written contract that says you are handing these items over, the date, and a list of all items, with a statement that your friend is agreeing to give these back to you within three months of your turning 18, and each of you sign it - and you keep the original, just in case your friend decides later that the items are his or hers and you need to go to court.

If you are a citizen of the USA or a legal permanent resident aliens here, look into AmeriCorps NCCC (National Civilian Community Corps), a full-time, team-based residential program for men and women age 18-24. AmeriCorps NCCC members receive a living allowance of approximately $4,000 for the 10 months of service (about $200 every two weeks before taxes), housing, meals, limited medical benefits, up to $400 a month for childcare and an education award upon successful completion of the program. Members are assigned to one of five campuses, located in Denver, Colorado; Sacramento, California; Perry Point, Maryland; Vicksburg, Mississippi; and Vinton, Iowa. The mission of AmeriCorps NCCC is to strengthen communities and develop leaders through direct, team-based national and community service. In partnership with non-profits (secular and faith-based), local municipalities, state governments, federal government, national or state parks, Indian Tribes and schools members complete service projects throughout the region they are assigned. Members serve in teams of eight to 12 and are assigned to projects throughout the region served by their campus. They are trained in CPR, first aid, public safety, and other skills before beginning their first service project. If you are accepted into the program, you could use this experience to possibly get into college later, or to seek employment with the references and skills you gain from this experience.

Young people between 17 and 24 years old in the USA can serve a year in the CityYear program, as tutors, mentors and role models, helping children stay in school. To apply, you must be a USA citizen or legal permanent resident alien, and have a high school or diploma or GED, or be willing to earn a GED. A college degree or some college are great as well. You must be able to dedicate 10 months to full-time service and agree to a background or security check. Applicants may have served no more than three terms in another AmeriCorps, NCCC or VISTA program. Previous experiences with service, tutoring, mentoring and leadership help strengthen candidacy. If you are accepted into the program, you could use this experience to possibly get into college later, or to seek employment with the references and skills you gain from this experience.

Laws are different in each state. There are exceptions and special circumstances that can affect your quest to be emancipated from your parents. Seek legal counsel to find out which emancipation laws and conditions apply. Do not use this document that you are reading now as your only guide for trying to get yourself emancipated from your parents.

If you live in Connecticut, see A Teenager's Guide to Emancipation.

Also, as an emancipated teen, you are going to have to pay taxes and file tax forms. This web page of information for teens regarding taxes, which includes a long list of links to other sites with information, is from a company that prepares taxes. It's one of the best curated lists anywhere of financial information for teens.

Final note: you do not get to choose to be in foster care. If you are being abused or neglected, you absolutely should call the police or your school resource officer or a guidance counselor. If you are unhappy, you should talk to your school guidance counselor or an adult you trust and that is in a responsible position, like the leader of a Boys and Girls Club. If you report abuse or neglect, authorities will look into it and if there is abuse or neglect, they will remove you from your home. From that point on, however, you are a ward of the state and you don’t get the right to choose what happens next. You won’t be deciding your fate. Instead, a judge, case manager, and others will be making that decision for you.

Also see

© 2010-2019 by Jayne Cravens, all rights reserved. No part of this material can be reproduced in print or in electronic form without express written permission by Jayne Cravens.

 



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Disclaimer
Any activity incurs risk. The author assumes no responsibility for the use of information contained within this document.