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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 27460
Experience:  18 years of litigation experience.
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How does emancipation work?

Customer Question

How does emancipation work?
Submitted: 2 years ago.
Category: Family Law
Expert:  Zoey, JD replied 2 years ago.
My name is ***** ***** I will assist you with this question.
Every state's laws of emancipation are different.
Emancipation is the legal term for the process that allows a minor to be legally free from the control of his parents. In Iowa, if a juvenile is at least 16, he would be have to petition juvenile court and ask for emancipation. There are a handful of conditions that would all have to be met before a judge would grant the petition. You could see what these are here in section (c) of the following statute:
Customer: replied 2 years ago.
How long of a process is this usually? Would it be better for him to just wait until he is 18?
Expert:  Zoey, JD replied 2 years ago.
If he can fulfill all of the statutory requirements, then it shouldn't be a lengthy process at all, because there wouldn't be any opposition to it.
If he couldn't establish all of the requirements then waiting until he's 18 is his only real option. Before that, the judge will need to know that he can take care of himself and has a means of support.