What Is Emancipation?

In the heat of a nasty argument, many households have heard teens threaten "I'm out of here forever" or "You're not my parents anymore!" Are there circumstances when a teen actually can be legally "free" of his parents before he becomes an adult?

In most states, a person is considered an adult at 18 years of age. But there is another way to reach adulthood before turning 18 - through emancipation, a legal process that gives a teen legal independence from his or her parent or guardian. In general, a teen must be 16 or 17 years old and independent in matters of care, custody, and earnings, or be married or in the military to request emancipation.

In many states, a teen must go to court to have a judge declare him emancipated. If granted, the teen will have many of the rights customarily afforded to adults. For example, en emancipated teen doesn't need parent or guardian permission to sign a lease, get a driver's license, get married, register a car, enroll in school or college, see a doctor, dentist, or therapist, or sue someone. However, in most states, a teen will need parental consent to take actions to become emancipated, such as getting married or joining the military.

When a teen becomes emancipated, he has legal rights other teenagers don't have, but he also gains a set of new responsibilities. For example, he will be responsible for supporting himself, without any assistance to pay bills or find food, clothing, or shelter. The teen becomes personally responsible for any contract he signs, and can even be sued. Although emancipated teens are no longer under the control of their parents, the downside is parents have no obligation to support their teens financially or provide basic necessities.

Despite all of these newfound rights and responsibilities, some rules don't change even when a teen becomes emancipated. Certain laws that apply to minors continue to impact emancipated teens. In most states, compulsory education laws require minors to stay in school until they graduate or reach the age of eighteen. Labor laws and work permit rules still apply, requiring that income come from a legal source and limiting the total hours a teen can work. Sexual intercourse with a minor is still considered statutory rape, unless the teen is married and having intercourse with his spouse. Similarly, the law prohibits all minors, including emancipated minors, from drinking alcohol until age 21 and voting until age 18.

Emancipation is a serious decision that shouldn't be taken lightly. For a mature teenager who is getting little help from his parents, emancipation can help him live a more independent life. But emancipation also can break apart families and be a major hardship for teens. More importantly, emancipation usually cannot be undone. Once emancipated, there are very few services designed to help a struggling teen, and the Department of Children and Families is no longer responsible for offering assistance to these teens. If you are considering emancipation, evaluate whether you just need some time apart from your parents or if you genuinely want a permanent break. Before taking drastic measures, stay with friends or live with other family members during a "cool-down" period and re-evaluate the situation later.

In some states, teens aren't the only ones who can request emancipation - parents can initiate emancipation proceedings against a teenager they can no longer control. Since many states require a court order to complete the emancipation process, a child who supports himself and lives away from home may still not be considered an emancipated adult. As such, the minor's parents may still be liable for the child's actions and accrued debts and bills. A common example: An out-of-control 17-year-old habitually skips class and becomes a truant. Because the teen is not yet 18 years old, the parent can be fined or disciplined in truancy court. In order to avoid these penalties, parents may choose to initiate emancipation proceedings.

Emancipation, like any legal process, is complex and varies state by state. If you are contemplating becoming emancipated, seek the advice of a licensed attorney in your state.