Emancipation of a Minor

All kids dream about the day that they move out from their parent’s house & break free from their parent’s rules.  Kids often don’t listen when their parents tell them that once they are living on their own, they are going to want to be at home again. – Doing laundry, grocery shopping, and paying bills is a lot less fun than it looks!  However, for a variety of reasons, sometimes teens decide that they would be better off living away from their parents.  Those teens then often seek the advice of a family law attorney to help them through the legal process of becoming an emancipated minor.

What Happens When Minors Leave Home

From a legal standpoint, parents are required to keep their children living under their roof until they reach the age of 18. Parents have legal liability for their children, including liability for crimes that kids commit.  Parents can give permission for the child to move in with another adult, such as an aunt and uncle or grandparent, however, the kids are not generally allowed to move out on their own. One of the biggest reasons for this is that a child under the age of 18 cannot legally enter into a contract. This means that kids cannot buy their own car or rent their own apartment. They are not eligible for credit and most teenagers will have a difficult time acquiring a job that pays enough to support themselves.

You may know of a 17 year-old who moved out of their parent’s house and the police refused to make them go back home.  Often, the police feel that a 17 year-old who is driving and is “almost” an adult should be able to decide where they want to live.  However, because of the issue with kids being unable to enter into many forms of contracts, these 17 year-olds must find a place that is willing to take them in, as apartments or rental houses are likely out of their reach.

How can Minors Become Emancipated?

Marriage

One of the ways in which a minor may become emancipated is for the purpose of marriage. The legal age of marriage in Texas is 18, although someone who is at least 16 years of age can enter into a marriage as long as they have parental consent.  A family law lawyer can go over the details that are necessary for a person to marry under the age of 18. When a parent grants this permission, the child is then emancipated from their parents and becomes the responsibility of their spouse, just as any other married people do.

Permission to Enter Military Service

Another way in which a minor may become emancipated is if the parents grant the child permission to enter the military. The legal age to enter the military on your own is 18, however, parental permission can override this legal age. A family law lawyer can help you and your family to decide if allowing your child to enter the military is what the child wants and how to go about giving your child permission and thus emancipating them.

At the Minor’s Request

A third way in which the emancipation of a minor can occur is at the minor’s request. In this situation, the minor will need to employ the services of a family law lawyer to help them with the legal aspects of this emancipation. The minor must be a Texas resident and at least 17 years of age, or at least 16 years old and living out of the family home.  The child must also be able to prove that they are able to support themselves on their own.  Being emancipated prior to the age of 18 is very difficult and it is up to the minor child to plead their case. The judge will be looking for several things in making the decision whether to emancipate the child legally or not. One of the most important things that a judge will look at is the proof showing whether the child is capable of making a living and supporting themselves.  The courts will also try to determine whether they think the child will be able to mentally handle the rigors of life on their own.

Emancipation of a Minor: Rules

There are several rules, however, that must be followed to bring about the emancipation of a minor. First of all, no minor under the age of 16 can be emancipated from their parents. Some of the bigger reasons for this include not being able to legally drive, as well as not being legally able to work a full time job. These are two components that can be crucial to living on your own. Driving a car is not completely necessary but having a job is. Secondly, the minor must be able to support themselves and efficiently live on their own. A family law lawyer can help a minor to determine if they will be able to meet these rigid requirements.

Minors & Pregnancy

Some teenagers believe that if they become pregnant and have a child that they will be automatically emancipated from their parents since they will be a parent. This is not true, however. Having a baby does not emancipate someone who is under the age of 18. The baby is the responsibility of the teenager, but the teenager is still the responsibility of their parents.

Parental Support

The biggest thing that separates an emancipated minor from one that is still the responsibility of their parents is support.  A child that is capable of supporting themselves and is doing it has a good chance of being emancipated.  One who still depends on their parents for financial and emotional support will not be granted emancipation. Most teenagers can’t wait to get out of their parents’ house. However, sometimes it is best to wait it out.

The “Rich” Exception

I have represented children who are trust fund babies who want to have their “disabilities removed” for financial reasons. – They have to have attorneys (“attorney ad litems”) who are at least annually involved in reviewing their trust and their circumstances.  This is a waste of money, in some circumstances, so the child will join with his or her parents to seek to have their disabilities removed so they no longer have to have an attorney represent them.

Criminal Consequences

If you file for “emancipation”, you will become an adult for almost all legal purposes. – So, if you have a criminal problem is it likely that you will be charged as an adult, even if you are only 16.  Therefore, you should be very careful about losing your juvenile status.

This article is not intended to be legal advice and is not a substitute for legal representation by an attorney. You are encouraged to seek the advice of Janis Alexander Cross, to answer any specific legal questions you may have.  The law is very “fact-specific” and you need to speak with an attorney who can best advise you, after hearing all of the facts.