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Encyclopedia > Emancipation of minors
Family law
Entering into marriage
Prenuptial agreement  · Marriage
Common-law marriage
Same-sex marriage
Legal states similar to marriage
Cohabitation  · Civil union
Domestic partnership
Registered partnership
Putative marriage
Dissolution of marriage
Annulment  · Divorce  · Alimony
Issues affecting children
Paternity  · Legitimacy  · Adoption
Legal guardian  · Ward
Emancipation of minors
Parental responsibility
Contact (including Visitation)
Residence in English law
Custody  · Child support
Areas of possible legal concern
Spousal abuse  · Child abuse
Child abduction
Adultery  · Bigamy  · Incest
Conflict of Laws Issues
Marriage  · Nullity  · Divorce

Emancipation of minors is a legal mechanism by which a person below the age of majority ("adulthood") gains certain rights, generally identical to those of adults. An emancipated minor is free of any authority from his or her parent or other legal guardian. The extension of these rights, as well as the remaining prohibitions, vary according to the jurisdiction. Image File history File links Scale_of_justice. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... A prenuptial agreement or antenuptial agreement, commonly abbreviated to prenup or prenupt, is a contract entered into by two people prior to marriage or civil union. ... Marriage is an interpersonal relationship with governmental, social, or religious recognition, usually intimate and sexual, and often created as a contract, or through civil process. ... Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status in which a man and a woman are legally married. ... International recognition Civil unions and domestic partnerships Recognized in some regions Unregistered co-habitation Recognition debated Civil unions legal, same-sex marriage debated See also Same-sex marriage Civil union Registered partnership Domestic partnership Timeline of same-sex marriage Listings by country This box:      Same-sex marriage is a term... This article is about a living arrangement. ... As unregistered cohabitation Recognised in some regions Recognised prior to legalisation of same-sex marriage Netherlands (nationwide) (1998) Spain (12 of 17 communities) (1998) South Africa (nationwide) (1999) Belgium (nationwide) (2000) Canada (QC, NS and MB) (2001) Recognition debated See also Same-sex marriage Registered partnership Domestic partnership Common-law... International recognition Civil unions and Domestic partnerships Recognized in some regions Unregistered co-habitation Recognition debated See also Same-sex marriage Civil union Registered partnership Domestic partnership Timeline of same-sex marriage Listings by country This box:      A domestic partnership is a legal or personal relationship between individuals who live... LGBT rights Around the world By country History · Groups · Activists Declaration of Montreal Same-sex relationships Marriage · Adoption Opposition · Discrimination Violence This box:      As unregistered cohabitation Recognised in some regions Recognised prior to legalisation of same-sex marriage Netherlands (nationwide) (1998) Spain (12 of 17 communities) (1998) South Africa (nationwide... A putative marriage is an apparently valid marriage, entered into in good faith on part of at least one of the partners, but is invalid because of an impediment, such as a currently valid marriage on part of one of them. ... Annulment is a legal procedure for declaring a marriage null and void. ... For the record label, see Divorce Records. ... In many countries alimony, maintenance or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support... In law, Paternity is the legal acknowledgment of the parental relationship between a father and his child usually based on biological factors, but sometimes based on social factors. ... Freiheitsrechte Recht auf Leben, Freiheit, Eigentum, Sicherheit der Person Allgemeine, nur durch Gesetz beschränkbare Handlungsfreiheit Freiheit von willkürlichen Eingriffen in die Privatsphäre (Wohnung, Briefgeheimnis etc. ... For other uses, see Adoption (disambiguation). ... A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. ... In law, a ward is someone placed under the protection of a legal guardian. ... In the states of the European Union and elsewhere, parental responsibility refers to the rights and privilieges which underpin the relationship between a child and either its parents or those adults who have a significant role in its life. ... In Family Law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant person in a childs life can have with that child. ... In Family Law, residence is an Order of the Family court under s8 Children Act 1989 following the breakdown of a marriage and determining where the child(ren) are to live and with whom. ... Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parents duty to care for the child. ... In many countries, child support or child maintenance is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has been terminated. ... Spousal abuse refers to a wide spectrum of abuse. ... Child abuse is the physical, sexual, or emotional maltreatment or neglect of children by parents, guardians, or others. ... Child abduction is the abduction or kidnapping of a child (or baby) by an older person. ... This article is about the act of adultery. ... Polygamy, literally many marriages in ancient Greek, is a marital practice in which a person has more than one spouse simultaneously (as opposed to monogamy where each person has a maximum of one spouse at any one time). ... Incest is sexual activity between two persons related by close kinship. ... Private International Law, International Private Law, or Conflict of Laws is that branch of law regulating all lawsuits involving a foreign law element where a difference in result will occur depending on which laws are applied as the lex causae. ... In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ... In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ... In modern society, the role of marriage and its termination through divorce have become political issues. ... This article does not cite any references or sources. ... See Adult. ... In many countries such as India, the UK, Australia, Canada and New Zealand a minor is presently defined as a person under the age of 18. ... A parent is a father or mother; one who begets or one who gives birth to or nurtures and raises a child; a relative who plays the role of guardian // Mother This article or section does not cite its references or sources. ... A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. ... This article does not cite any references or sources. ...


In most countries of the world, adolescents below the legal age of majority may be emancipated somehow: through marriage, pregnancy, economic self-sufficiency, educational degree/diploma, or military service. A separate article is about the punk band called The Adolescents. ... Marriage is an interpersonal relationship with governmental, social, or religious recognition, usually intimate and sexual, and often created as a contract, or through civil process. ... This article is about human pregnancy in biological females. ... A B.A. issued as a certificate A degree is any of a wide range of status levels conferred by institutions of higher education, such as universities, normally as the result of successfully completing a program of study. ... Diploma from Mexico City College, 1948 (in Latin) A diploma (from Greek δίπλωµα diploma) is a certificate or deed issued by an educational institution, such as a university, that testifies that the recipient has successfully completed a particular course of study, or confers an academic degree. ... This article does not cite any references or sources. ...


In some cases, parental consent is needed to achieve the "emancipated" status. In some cases, court permission is necessary. Protocols vary by jurisdiction.

Contents

Influence in other laws

The emancipation status may affect differently the working age, the voting age, the driving age, the age of consent and the age of criminal responsibility, among others. The legal working age is the minimum age required by law for a person to work, in each country or jurisdiction. ... A voting age is a minimum age established by law that a person must attain in order to be eligible to vote in a public election. ... Age of consent laws Worldwide While the phrase age of consent typically does not appear in legal statutes,[1] when used with reference to criminal law the age of consent is the minimum age at which a person is considered to be capable of legally giving informed consent to any... Defense of infancy is a form of defense by excuse; in which a defendant argues that, at the time a law was broken, they were not criminally liable for their actions, as they had not reached an age of criminal responsibility. ...


When emancipation is obtained by marriage, the emancipation age is usually equivalent to the marriageable age. . ...


Emancipation in the United States of America

In the United States, a person is a minor (and therefore under the control of their parent(s)/guardian(s)) until they attain the Age of Majority (18 years). However, in special circumstances, a minor can be freed from control by their guardian, before turning 18. In most states, the three circumstances in which a minor becomes emancipated are: (1) enlisting in the military [requires parent/guardian consent], (2) marrying [requires parent/guardian consent], (3) obtaining a court order from judge [does not require parent/guardian consent].


Once a minor is emancipated, he/she is nearly equal to an adult, legally speaking. They are completely free from any control by their parent(s) or guardian(s).


Exact rights and responsibilities of emancipated minors vary by state. In most cases, an emancipated minor has the exact same rights and responsibilities as an adult, excluding the rights to purchase tobacco, pornography, lottery tickets, and firearms. Some (but not necessarily all) right of emancipated minors: emancipated minors can enter into contracts by themselves, sue and be sued in their own name, vote, obtain a drivers' license, seek medical care and consent to medical procedures, seek education or drop out of school, and hold a bank account. In most states, an emancipated minor will be tried as an adult if he/she is charged with a crime.


The exact laws and protocols for obtaining emancipation vary by state. In most states, the minor must file a petition with the family court in his/her jurisdiction, formally requesting emancipation and citing reasons why it is in his/her best interest to be emancipated. He/she must prove that he/she can support himself/herself financially. Many states require that the minor have been living separate from his/her parent(s)/guardian(s) for a period of time; however, that requires the consent of the parent(s)/guardian(s) in order to not classify simply as "running away".


Until an emancipation, or other legal mechanism, is granted by a court, a minor is still subject to the rules of their parent(s)/guardian(s).


Emancipations are rarely granted, because of the narrowness of the definition of "best interest". On one end of the spectrum are minors who have been victims of abuse; in most cases, the state's department of child services is notified and the child is placed in foster care. On the other end of the spectrum are minors who are seeking emancipation for superficial reasons, such as not being pleased with their parent's/guardian's rules. In those cases, the emancipation will most likely be denied.


In some states, free legal aid is available to minors seeking emancipation, through children's law centers. This can be very useful, in terms of creating a convincing emancipation petition.


See also

This article does not cite any references or sources. ... . ... Age of consent laws Worldwide While the phrase age of consent typically does not appear in legal statutes,[1] when used with reference to criminal law the age of consent is the minimum age at which a person is considered to be capable of legally giving informed consent to any...

External links

  • Emancipation laws in the United States

  Results from FactBites:
 
LCDWiki: Emancipation (8361 words)
Emancipation may be viewed as a ‘catch-all’ concept that operates to provide minors with the aggregate set of options discussed throughout this paper.
The importance of statutory emancipation was articulated by Judge Kuhn of the Delaware Family Court in a decision, where the court, "regardless of [an apparent] temptation to act," was forced to dismiss a petition for emancipation for lack of subject matter jurisdiction.
The lack of formal procedures to guide emancipation determinations, the potential termination of parental obligations to the minor, and the potential lack of maturity of the minor are reasons given by the judiciary for their unwillingness to grant emancipation petitions.
Emancipation of Minors (2202 words)
The law does not require the minor, or the minor's parents/guardians or other adult who previously assumed care for the minor, to get a declaration of emancipation of the minor from the court, to be relieved from responsibility under truancy law.
Minors under the age of 16 can marry, but only if a judge at the county courthouse decides the proposed marriage would be in the best interests of the minor.
For a minor to get benefits from the county assistance office (cash/Food Stamps/medical assistance) in his or her name, the minor's age, and certain other factors, depending on the type of benefit requested, must be determined by the assistance office.
  More results at FactBites »


 

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