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In the State of Georgia, a young person can be emancipated in two ways:
1) By operation of law
--After a legal marriage, --Upon joining the United States military;--Upon reaching the age of 18 years; or
2) By filing a petition in the juvenile court in the county where the minor resides and securing a Declaration of Emancipation.
If a minor wants to get a court order declaring emancipation, it is best to speak with an attorney who can help evaluate the situation, prepare the necessary petition and other necessary paperwork, and represent the minor in a court hearing.
In order to request a Declaration of Emancipation, the minor would have to file a petition in the Juvenile Court in the County where the minor resides and request a Declaration of Emancipation signed by a judge. The minor must prove by a preponderance of the evidence that emancipation is in his or her best interests.
The judge will consider evidence and factors based on "the best interest of the child," and will follow the procedures set forth in O.C.G.A. § 15-11-205. The judge can only grant emancipation for certain specific reasons, also set forth in O.C.G.A. § 15-11-205:
-- Emancipation is in the best interests of the minor; and -- The parent(s) or guardian(s) do not object to emancipation (or emancipation is in the best interests of the minor despite the parent(s) objection; and -- The minor is a resident of Georgia; and -- The minor has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support (not including income from public assistance programs); and -- The minor understands his or her rights and responsibilities as an emancipated minor; and --The minor has carried his or her burden of proving by a preponderance of the evidence that emancipation should be ordered.
Click here to view the Georgia Emancipation Packet
Click here to read the legal statutes on Emancipation
Insofar as a minor who moves in with an adult without parental consent, that person can be charged with harboring a minor. Under certain circumstances, the adult may also be charged with contributing to the delinquency of a minor. If they move to another state, they can be charged with transporting a minor across state lines, which is a felony.
The minor may consider contacting Georgia's Youth Safe Harbor organization for more information. (Click here)
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An emancipated minor is one who has been given the right by a court to manage his own affairs or one who has acquired emancipation by common law.
A judicially emancipated minor is one who has been given the right by a court to manage his own affairs. The minimum age to petition for judicial emancipation is 16 years old.
A common law emancipated minor has also been given the right to manage his own affairs. Common law emancipation may be express, as by voluntary agreement of parent and child, or implied from such acts and conduct as import consent (i.e., has established a separate household or, if living in the parents' household, is actually paying an equal share of the total household expenses for all family members). Pursuant to Georgia common-law emancipation, if a 17-year-old is self-supporting, the parent(s) can grant permission for them to live elsewhere.
A common law emancipated minor has also been given the right to manage his own affairs. Common law emancipation may be express, as by voluntary agreement of parent and child, or implied from such acts and conduct as import consent (i.e., has established a separate household or, if living in the parents' household, is actually paying an equal share of the total household expenses for all family members).
Pursuant to Georgia common-law emancipation, if a 17-year-old is self-supporting, the parent(s) can grant permission for them to live elsewhere.
In relation to common law emancipation of a child under 18, it is important to note that the fact that a voluntary agreement to emancipation exists between parent and child may not impart emancipation. If the child is not actually responsible for and managerial of his own affairs as expressed by the agreement, emancipation does not exist.
The emancipation of a minor is revocable if the minor again becomes dependent upon and responsible to his parents. This applies to any type of emancipation. Therefore, emancipation status must be determined based on the actual current circumstances without regard to what has transpired in the past.
Yes, although it does not appear to be mandated by law, it would be prudent to define the common law emancipation agreement in a notarized document.
"(Note: A type of common-law emancipation may exist without a court order if the parent allows a minor to keep his own earnings and support himself. However, unless the minor has a court order, the parents can change their mind at any time.)" (Click here for reference)
To add more information, you can think of a common law emancipation in the same light as a common law marriage. In states which permit common law marriage, no "official" paperwork is needed to be filled out or documents signed, but the marriage is recognized as they are acting in accordance with a marriage for a given time. Similarly, a common law emancipation would not require specific documents; but that the minor and parents act in accordance with an emancipated minor. It would, however, be prudent if you chose to get such an agreement in writing.
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