Child Emancipation

All across the nation, a teenager under the age of 18 is considered to be a minor and under the control of his or her parent(s) or guardian. This means that their guardians have the final say in their education, medical care, and many other important life decisions. However, there are some situations in which a teenager can petition to become a legal adult before turning 18. This action is known as emancipation.

Although this option is available for teenagers under the age of 18, being granted emancipation can be very challenging. An applicant must prove that emancipation is in his or her best interest and present the court with a reason why emancipation is necessary.

Conditions for Emancipation

Above all, the court will consider the minor’s best interest when deciding whether or not to grant emancipation. Some situations that can increase your chance of being granted emancipation include:

  • Financial independence
  • Abandonment by parents
  • Marriage

To qualify for emancipation in most states you have to be at least 16 years old and in some states you must be 17. Additionally, in most instances, you must show that you are able to support yourself financially. You must then file for emancipation and wait on a ruling from a family court.

For More Information

There is no situation that will guarantee you emancipation. Each situation is unique and you need a qualified legal representative on your side to help you if you are thinking about filing for emancipation. To learn more, contact the San Jose family law attorneys at the Law Office of Daniel Jensen, P.C, today by calling 408-296-4100.

 

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Daniel Jensen represents people in and around the cities of San Jose, Milpitas, Palo Alto, Mountain View, Sunnyvale, Cupertino, Menlo Park, Los Altos, Los Gatos, Campbell, Oakland, Hayward, Pleasanton, Fremont, San Leandro, and Union City. We represent residents of the counties of Santa Clara and Alameda.
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