| Emancipation is the process by which a guardian | | | | obey his or her parents is replaced by the minor's |
| relinquishes - or is made to relinquish - parental control | | | | obligation to support his or her spouse. |
| over a minor (that is, someone under the age of 18). | | | | Abuse |
| The child then gains certain rights which are usually | | | | The third common reason for the emancipation of a |
| reserved for adults, thought not all of them. There | | | | minor is continued domestic abuse. Repeated abuse |
| are several situations under which a minor may wish | | | | form a parent is usually grounds for emancipation if |
| to seek emancipation, or when a parent may wish to | | | | the child is supporting himself or herself. If the child is |
| have them emancipated for practical reasons. | | | | too young for this, he or she is usually remanded into |
| However, until a court legally grants an emancipation, | | | | the custody of the state. The decision of a court to |
| the child is still legally subject to the rules and | | | | allow a child emancipation due to abuse is very |
| guidance of their parent or guardian. | | | | dependent on the circumstances of the case. If you |
| Military Service | | | | believe you have a right to emancipation, it can help |
| The first common way a minor in the United States | | | | to discuss your case with a family lawyer before |
| can become emancipated is by joining the military. | | | | proceeding. |
| This is an issue of practicality, as once a minor is a | | | | Filing for Emancipation |
| member of the US armed forces, he or she is | | | | The laws regarding how a minor obtains emancipation |
| ultimately answerable to the government, not his or | | | | vary by state, although there is plenty of common |
| her parents. However, for a minor to join the military | | | | ground. The minor must file a petition with the court, |
| in the first place, the approval of the parents is | | | | which usually requires proving an adequate reason for |
| required. In this sense, it is a sort of transfer of | | | | seeking independence. The filer must also prove |
| responsibility, from parent to government. | | | | economic independence. Finally, except in cases of |
| Marriage | | | | abuse, the minor must prove parental consent. |
| Like military service, a minor becoming married makes | | | | If you or someone you love has questions about |
| parental responsibility impractical. Also like military | | | | emancipation law, visit the San Jose divorce lawyers |
| service, a marriage requires the guardian to agree to | | | | of the Law Office of Daniel Jensen. |
| the minor getting married. The duty of a minor to | | | | |