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The Duties and Privileges of an Emancipated Minor

The Duties and Privileges of an Emancipated Minor

Posted By Meyers Law Group, P.C. || 17-Jul-2013

Child emancipation is where a child deems that they no longer want to be held under the authority and decision making of their parents. In many cases this is seen with child celebrities who feel as though their careers are being held back due to their over possessive parents. However, celebrities aren't the only ones who may feel they want this freedom, child emancipation can happen in any family where the child decides they want to be responsible and free to care for themselves.

In a family setting it is naturally assumed that a parent holds the right to clothe, feed, and to provide both shelter and education to care for their children. When a child pursue s emancipation, they are saying that they wish to be considered of the "age of majority" or as an adult, so that they have the freedoms of someone over the age of 18. This may be so that the minor can prevent the parents from having access or control to their finances, allow them to live on their own, etc. In most cases, the court requires a child to be at least sixteen years old if they want to be emancipated form their parents, because they close enough to adulthood to make their own decisions, though not old enough to do so on their own just yet.

When a judge determines that a child should be granted emancipation from their parents, there are certain duties and privileges that they are granted now that they are considered to be a part of society as an adult. Generally speaking, though some states may have stricter rules, an emancipated minor is given the freedom to do the following:

  • Inherit property
  • Enroll in the school of their choice
  • Get married
  • Consent to medical treatment that would otherwise need parental approval
  • Create a will
  • Under their own name they be either a plaintiff or defendant in a lawsuit
  • Enter into a contract or a leasing agreement