Emancipating a Minor
Emancipation of a minor is a legal mechanism that confers on a minor the status of adulthood. An emancipated minor is freed from the parental control of his or her guardians, and the guardians are freed from any parental responsibility for the child. Only a court has the authority to grant a petition of emancipation. It is fairly rare, because courts do not like breaking up families and removing minors from parental supervision without good reason. However, in certain circumstances, emancipation is necessary.
If you have any questions about the emancipation of minors, contact the West Palm Beach family attorneys of Eric N. Klein & Associates, P.A. by calling 561-353-2800 today.
Requirements of Emancipation
The requirements for emancipation to be granted vary by state. Some, like Florida, have stricter emancipation laws, and will only allow minors to be emancipated under certain circumstances and with parental consent. To be emancipated in Florida, the following requirements must be met:
- At least one of the legal guardians of the minor must initiate the move to emancipate.
- A lawyer must be retained by both the guardian(s) and the child. This is to ensure that the child gets the proper representation to determine if his or her best interests are served by emancipation.
- If one of the guardians is not in favor of emancipation, he or she must also retain a lawyer.
If the court finds that the minor is best served by granting emancipation, then the court will grant the minor the rights and responsibilities of a person over the age of 18. Minors are usually emancipated if they get married, choose to join the military, or already have a job that allows them to support themselves.
Contact Us
If you have any questions about the emancipation of a minor in the state of Florida, contact the West Palm Beach divorce lawyer, Eric N. Klein, by calling 561-353-2800 today.
