How to free yourself from parental care

Author: Joan Hall
Date Of Creation: 6 July 2021
Update Date: 23 June 2024
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Have you decided on emancipation? Emancipation is a legal process that grants adolescents independence from their parents or guardians. The age at which you can become emancipated varies from jurisdiction to jurisdiction, but is usually after 16 years of age. Emancipated adolescents have rights and responsibilities that most people under 18 do not have. Read on to find out how to decide on emancipation and what to expect from it.

Steps

Method 1 of 4: Deciding to Emancipate

  1. 1 Learn what emancipation entails. When a person reaches 18 years of age, he becomes a legally adult person, assumes the rights and responsibilities of adulthood. Emancipated adolescents under the age of 18 receive the same rights and responsibilities. They are no longer financially supported by their parents, and they are not officially allowed to rely on their parents to meet their needs. Here are the rights and responsibilities that you will receive with emancipation:
    • You must have your own place of residence, be responsible for paying the rent.
    • You have to buy your own food, clothing and other material needs.
    • You can get married, get a driver's license, or join the military without parental permission.
    • You have the right to sign contracts without the participation of your parents, be legally responsible for their observance.
    • You can buy and sell real estate.
    • You can independently enroll in school, college.
    • You have the right to choose your own medical treatment and must be responsible for paying for it.
  2. 2 Learn about the reasons for emancipation. Teens have many reasons to become legally independent from their parents, from early marriage to unpleasant situations they want to get away from. You can safely release from parental care if at least one of the following points applies to you:
    • You are legally married and want to have the same rights as adults.
      • In this case, emancipation is achieved with the consent of the parents and the permission of the court.
    • You are already financially independent and want to have the appropriate rights.
    • Your parents or guardian told you that you can no longer live with them.
    • You are physically and sexually abused by your parents or guardian.
    • The situation in your parent's or guardian's home is morally unbearable for you.
    • Your parents or guardian stole your money.
  3. 3 Check out the alternatives to emancipation. Taking on the rights and responsibilities of an adult at an early age is not easy. Many teenagers do not have the money to pay for housing, clothing and food without assistance. The judge will not grant you emancipation if you are unable to take care of yourself. In addition, the emancipation of a child can lead to a split in the family; it is carried out only in the absence of other alternatives.
    • Tell your school counselor or trusted adult friend your intentions.This person will be able to mediate an agreement between you and your parents, which will help you feel comfortable under the care of your parents until you turn 18.
    • If you no longer want to live with your parents, since you cannot find a common language with them or do not want to put up with their rules, then it is better to just move to your relatives or friends for a while, and not think about being exempt from custody.
    • If you are in a situation of violence, emancipation is still not the best solution, as the Child Welfare Service does not help emancipated persons. Contacting the Child Welfare Service in your state can be the option that will help in this situation much better.

Method 2 of 4: Preparing for Emancipation

  1. 1 Earn your money and manage it. If you want to get emancipation, then you will need proof in court that you are financially independent and that you have a job. If you don't have one, then find it as soon as possible.
    • Create a resume that includes your previous work, volunteering, hobby groups, and other activities. Look in your local newspaper for job offers that do not require a high school diploma.
    • Save as much money as possible. Don't waste money on clothing and entertainment. Buy the used items you want or try to get them for free. Shop sparingly; buy cheap food - beans, cabbage, tuna. Open a savings account with your local bank.
  2. 2 Find a new home. If you strive for emancipation, then in court it will be necessary to show that you have a permanent place of residence. You may not be able to afford a home; pay attention to small, cheap apartments or make a permanent arrangement with a relative or friend.
  3. 3 Get parental consent. The process of obtaining emancipation will become easier if the parents agree that this is the best way out. If they don't, you will have to prove that your parents are not supporting you.

Method 3 of 4: Initiating the Emancipation Process

  1. 1 Complete your emancipation petition. In most cases, you or your parents can apply for emancipation with or without the help of a lawyer. Go to court and ask for a petition, then complete it along with other documents required for this process, which may include the following:
    • A surety to the petition, which describes the reasons for its filing.
    • A financial statement describing your personal financial situation.
    • Confirmation that you have a job and therefore can pay your bills.
    • A statement that you are socially independent.
    • Reassurance from your parents, or from an adult who knows you personally and believes emancipation is the only acceptable option for you (this could be a doctor, social worker, psychologist, teacher, school administrator, or principal).
  2. 2 Payment of the fee for the application and documents. If all documents are completed, you need to return them to the court and pay the registration fee. The fee for filing documents is different, it is better to first find out its amount in court or from a lawyer.
    • If you are unable to pay the registration fee, ask the court staff for another form of payment.

Method 4 of 4: Getting Emancipation

  1. 1 Attend a pre-meeting. When your documents are processed, you will be told a preliminary date when you should show up with or without a lawyer. Your parents or guardians will also receive notice that they can attend court if they wish.
    • The court will ensure that you are able to support yourself financially and socially.
    • Your parents or guardians have the right to object to your application if they wish, but they will also have to explain the reasons for this.
    • In some cases, an investigation will be conducted. If your parents and guardians are able to support you and oppose your emancipation, the petition may be rejected.
    • If true evidence is found, your case will move forward and a court hearing will be scheduled.
  2. 2 Attend a trial. On it, you, as a minor, must prove that your parents either approve of your emancipation or do not support you. And also the fact that you are socially and financially independent and understand all your rights and responsibilities.
    • If you are able to provide evidence acceptable to the court, you will receive emancipation, and the documents will be kept in the archives of the court until you turn 25.
    • If you and your parents disagree with a court decision to grant or not grant you emancipation, you can appeal to the Court of Appeal.
  3. 3 Live like an adult. After receiving emancipation, you are responsible for your entire life without the help of other adults. You can no longer officially rely on your parents for help, so it is very important to find a job and be able to pay all the bills in order to create a stable life for yourself at your discretion.

Tips

  • The more mature and prepared you show yourself, the more chances you have of receiving emancipation.
  • Emancipation does not mean that you have to completely distance yourself from your parents, and it also does not mean that your parents are no longer legally responsible for you at all.
  • Having enough money for a lawyer can speed up and increase your chances of getting emancipated.
  • Adolescents are usually awarded emancipation only if it is in their best interest to do so. You probably won't get it if you live with a loving family but can't get along with your parents. They are freed from pitches only in extreme cases.

Warnings

  • Emancipation gives you many rights, but not all of the rights of adults. You are not allowed to drink, vote, or not go to school.