Beware! Family Law Now Allows Your Child to Leave You
Back in 1984, Irreconcilable Differences showcased a plot where a nine-year-old girl was able to sue her parents for divorce. Played by Drew Barrymore, this child made such an important decision based on the shallow relationship her parents had with each other. While in 1984, this movie was a pure case of fiction writing, you can say that sometimes fiction can turn into reality.
With evolving child custody law, there’s also a drastic changed noticed in the field of divorce Law. Parents are not the only ones who can divorce each other. In the United States of America, there’s a new addition to who can divorce whom. Have you ever heard of emancipation? If you have not, you’ll soon find out because Drew Barrymore (in the movie) is not the only child who can get her parents divorced now!
What Does Emancipation Mean?
Emancipation is a latest legal term for a law that allows a child to divorce his/her parents. Such can happen once the child reaches a specified legal age of majority. Emancipation of minor also means that the child can stop the parents from being legally responsible for them. While this varies from state to state, the most common age that allows a child to practice emancipation is sixteen to eighteen (when a child finishes high school).
However, there are a few cases where a child as young as 11 was able to file for emancipation. Then, if the child wishes to be free of both of his/her parents or one, the guardians can be taken to court for legal separation.
Since emancipation is new, it is not considered by most states of America, the law is growing on them with time. With this procedure, the child can also decide to sever all ties with his/her parents and become a ward of the state.
In most cases, the child’s parents are no longer obligated to make sure he/she is provided with basic necessities such as good, clothing, shelter, or child support. Technically, it also frees them from the responsibility for any wrong actions their biological child might commit. If the child is 18, they can take care of themselves on their own.
The Do’s And Don’ts Of Emancipation
Emancipation allows a child to enter a form of legally binding contract that represents how the child is no longer a responsibility of the parents. The child is also able to work and earn his/her own money. However, such should be done legally as defined by the child labor laws.
The child is also allowed to make medical decisions on their own. Then, to take care of shelter needs, the child can get an apartment under their name. If the child wishes to, they can also select the school they wish to go to, in case the state of the town is changed.
What the child cannot do includes driving unless they are of legal age. So in that case, public transportation is open for use. The child cannot vote or drink based on their legal age. With that, the child is not allowed to drop out of school in any case without showing that they have obtained their General Education Degree to court officials. Without parental consent, the child cannot marry. Unless they are of legal age based on the state they are in. Then, the parents cannot intervene.
It’s Not As Easy As Counting 1, 2, 3…
However, while emancipation has become common day by day, it’s not easy to find a successful case in court. There are various restrictions on the list that must be crossed before your case is even considered by lawyers. The court takes into account that the minor is able to function like an adult.
So, that means that the court looks for the maturity level of children. The court also looks for any sign of manipulation by the parents of the child. One important aspect that is checked by the court is the quality and quantity of parental support and supervision.
The court can appoint experts such as psychologists to send a detailed report on the child’s home conditions during the case. Since this measure is very drastic, it is equally hard for a court to actually rule in favor of the child. After all, a child will always be a minor in the eyes of the court.
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