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What state has the youngest age for minor emancipation? What…

What state has the youngest...
What state has the youngest age for minor emancipation?
What state has the easiest laws to accomplish emancipation of a 16 year old minor.
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Answered in 3 minutes by:
12/15/2011
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 45,222
Experience: 30 years as a family law lawyer .
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RayAnswers :

Thanks for your follow up question.

RayAnswers :

California is one of the easiest if you marry there.

RayAnswers :

The Family Code underlines the provisions by which a Californian under the age of 18 can be emancipated.


If a child has entered into a valid marriage, she is emancipated. She remains emancipated even if the marriage is terminated.


If the child is on active duty with the Armed Services, he is emancipated.


Finally, the court can declare the minor to be emancipated. The rest of this article will discuss how to Petition the court for emancipation.


A minor who is at least 14 years of age may petition the court for emancipation. The minor does not have to hire an attorney. The minor will live separately and apart from his or her parents or guardian.


The minor must demonstrate that she can manage her own financial affairs. Judicial Counsel Form FL-150 must be completed and the Judge must be satisfied that the minor is capable of being self supporting. Also, none of the income used to satisfy this requirement can be derived from criminal activity.


The child’s parents or guardians must be notified of the court hearing through the formal service process. The parent or guardian is given the opportunity to consent to the emancipation. However, this does not make the process automatic. The Judge must still approve the proceeding. Further, if the emancipation is ever voided (on the grounds of fraud or withholding of evidence), the parents are noticed that they could again become financially responsible for the child.


The clerk of the court must also notify the Department of Child Support Services and the Probation Department (if the child is in the Juvenile Justice system).


If the Petition is denied, the minor may appeal by Writ of Mandate. If the Petition is sustained, the parents may appeal by Writ of Mandate.

RayAnswers :

If you marry with permission you can file for emancipation at age 14.

RayAnswers :

That is pretty much the most liberal of the states as far as age.

RayAnswers :

Reference with forms

RayAnswers :

Overall California is considered as probably the most liberal as are its laws for emancipation and marriage.

RayAnswers :

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

RayAnswers :

And I think that it carries over to a judge granting emancipation .

RayAnswers :

And I need to supplement here concerning your Texas question.If he marries your duty to support would end and he would be considered emancipated assuming you consent to the marriage.Its the marriage here that frees you from liability and support.Sorry for the confusion.

RayAnswers :

§ 101.003. CHILD OR MINOR; ADULT. (a) "Child" or "minor" means a person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes. (b) In the context of child support, "child" includes a person over 18 years of age for whom a person may be obligated to pay child support. (c) "Adult" means a person who is not a child.

RayAnswers :

Here's the law that frees you from support if he gets married.

Customer:

That is such great news about marriage alone being the key to the emancipation (with our consent to the marriage). Once he is married, I guess we would need to file some paperwork? Would we still have to go in front of a judge?

RayAnswers :

He would not have to file for emancipation.That emancipation process only applies to a single person.It's just apples and oranges.It took me a minute to find it because it is buried under the definitions and is separate.

RayAnswers :

Marriage and he doesn't need to do anything else.

RayAnswers :

The emancipation occurs when you consent her to marriage and gets married.

RayAnswers :

The emancipation occurs when you consent here to marriage and gets married.

RayAnswers :

I wish him and you good luck.

Customer:

I notice that you refer to the child as "her" in your comments (and I can see where that would be the case most of the time), however this is a 16 year old boy. Would it be any different for a male?

RayAnswers :

No it does not matter here either sex can marry.If she is underage then she would be emancipated.

RayAnswers :

He is too.It's gender neutral.

RayAnswers :

And hey I met my wife when I was 17 so you never know.We're going on 40 years.

Customer:

Thank you so much for your help. I hate the situation that we find ourselves in, but we have tried everything to get him to co-habitat peacefully with our family, but nothing works. I hope he can be happy and safe and that we can become sane again.

RayAnswers :

I think you have the right idea.I can see that this is the best you can do here.

RayAnswers
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