Should emancipation laws be easier?
Alternatively, should their be better methods for minors to leave their parents custody in abusive situation?
”Emancipation of minors is a legal mechanism by which a minor is freed from control by their parents or guardians, and the parents or guardians are freed from any and all responsibility toward the child.” Less than 1% of teen emancipation requests are granted.
Why would a minor become emaciated:
Is the minor legally married? Is the minor financially independent? Is the minor’s parents abusive, neglectful, or otherwise harmmful to them? Does the minor have moral objections to their parents’ living situation? Has the minor been kicked out of their house?
What requirements must the minor meet to do so:
Is the minor financially self-sufficient (excluding government aid)? Has the minor made stable living arrangements? Is the minor mature enough to make adult decisions? Is the minor enrolled in school or have a high school diploma?
There are three ways to become an emancipated minor if you are 17 or under. 1. By enlisting in the military 2. By getting married 3. By petitioning in the court. The third way is by far the most difficult, it is not an easy option and any judge will agree. Not all states even offer it. You must meet ALL of the requirements and be 100% self supporting before you can even apply.
A child can file for a Declaration of Emancipation in court, if they are not married or enlisted in the military. States including Delaware and Maryland don't allow emancimation of minors in court, some states require the minor to be 16 or 17. California allows in as young as 14. Most states that have this law require you to inform the parents, they than have the option to consent to the emancipation or to contest it. If they do oppose it the judge will decide whether to grant the minor the emancipation.
Alternatives to minor emancipation:
Getting help from government or private agencies. Getting counseling for yourself or your family. Using a mediator to discuss and resolve differences with your parents. Living with another responsible adult, or living on your own with the informal consent of your parents.
But we all know these alternative options don't always solve the issue.
So, the reason I am asking this. I had an unfortunate childhood, lived in abusive situation, was kicked out twice (by my mother at 13 and my uncle at 15). I lived alone at 15, and at 16 me and my S/o shared and an apartment and were almost entirely self-sufficient. I have CONSTANTLY heard growing up ”Why don't you get emancipated?” ”Have you applied for emancipation?” ”Your basically an adult, emancipation would be easy!”. And when me and my S/o started living together I heard multiple times ”why don't you get married, get away from you family?” ”If he loved you he would marry you so you can be emancipated”. When I was minor, I had less than 1 percent chance of an emacipation being granted. And I believe it to be irresponsible for a minor to marry in order to remove themselves from a situation. I was lucky in the fact that, although difficult, I was able to make it work, with the help of my loving (but unable to care for me) father, witnesses to my mothers abuse, and my S/o’s constan love and support. BUT there are so many minors who arnt as lucky as I was. A close friend of mines had her life ruined due to abusive and neglectful parents who cause her to be homeless on multiple occasions. She was 100% self-sufficient, providing for over 3 other people, and was unable unable to emancipate.
On this app I have heard people offer emancipation to situation that it wouldn't work in, and feel that it is easy aswell. Do you think emancipation is easy enough, should it be easier?
[info and wording was pulled from multiple sites and videos]