#Emancipated minor meaning free
In a partial emancipation a child is free to make his own decisions about himself, but is still entitled to financial support from his parents. There can be either a partial or complete emancipation. What is Emancipation?Įmancipation is a legal process through which a minor child obtains a court order to end the rights and responsibilities that the child's parent owe to the child such as financial support for the child and decision making authority over the child.
Remember that a minor does not have to be emancipated in order to receive welfare from the state, to consent to certain medical procedures, or to obtain an abortion. In rare situations where a judge is convinced that emancipation is in the best interest of the minor and that the parents are not using it to get out of paying child support, the judge may grant emancipation.Įven if the child cannot be emancipated, s/he still may have options to live elsewhere, and may have independent rights. However, a child may still file for emancipation in the Probate and Family Court of his or her county despite the lack of a formal procedure. Most judges will not grant a child emancipated status. There is no formal procedure in Massachusetts for a child to become emancipated from his/her parents. Also, gaining emancipated status will not allow a minor to remove himself or herself from undesired services of the Department of Social Services. An emancipated minor still cannot vote until age 18, and cannot purchase or consume alcohol until age 21. For instance, even if s/he is emancipated, the child still cannot drive until age 16, and must attend school through his or her 16th birthday. While emancipation relieves both the parent and child from certain obligations, the minor must still follow the law. Because the parents no longer are responsible for damages the minor child causes, the minor could be sued personally and held responsible for damages s/he causes. The parents also would no longer remain responsible for harm that their minor child causes to other people or property. For example, the parents would no longer be required to pay child support. The emancipated child's parents, in some situations, also would be relieved of certain responsibilities. The parent also has no right to the minor's wages or earnings. If a child is emancipated, the parents no longer have the right to determine where the child lives or goes to school, or how the child's money is spent. Emancipation ends the parents' rights to control his or her minor child or to participate in any decision-making about the child.
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