Emancipated Minors

For those of you that do not know what an emancipated minor is, they are a person under 18 that has been freed of all their parents/guardians control. That is to say that their parents have no responsibility whatsoever to their child and the child cannot be controlled by the parents. Emancipation can come in the form of marriage, pregnancy, self-independence (earning an income for yourself), getting a degree, or joining up with military service, or in the United States by the courts deciding that it is the best decision for you.

However, do not think that the next time you get angry with your parents or guardians that you should file for emancipation it just is not worth it. There are upsides and downside to it. The downside being that you no longer are covered by your parents insurance (car, health, etc.). Your parents no longer have to give you a place to stay, food, clothing, or money. You are considered an adult in most ways and must fend for yourself. It also takes months and months to finally be granted emancipation from the courts and first a signature from a parent/guardian is usually required.

Another clause although you are emancipated that means you have all the right of an adult to pay for your own bills, move out, etc. However, you may still not purchase tobacco, pornography, lottery tickets, or to register for voting.

The upside though is that you can get a driver’s license, enter into contracts, sue and be sued, get a house, buy a vehicle, drop out, get married, join the military, etc.

The controversy about this subject now is becoming that some people are filing emancipation for the wrong reasons. It is mainly for those minors that wish to separate themselves from their parents/guardians most of the time because of a bad situation at home or other reasons. Emancipation of minors is rarely granted however, only in extreme cases. The cases are usually for victims of abuse however, the court usually puts them in foster care rather than emancipating; the way the courts see, it they only want to emancipate someone if they are going to be able to take care of themselves without help. However, in some states emancipated minors receive some form of help from legal aid.

Some of the wrong reasons that people are filling for emancipation is almost entirely based on either money or out of anger for their parents. I personally know people that are filing for emancipation because of college. Some parents will not help their children out financially with college and therefore they seek emancipation as a way to exclude their parents’ income from the FAFSA (Free Application for Federal Student Aid). See if you are emancipated they cannot consider your parents income in the assessment and also if you go out of state to college and live in that state for a year before going to college they cannot charge you the out of state fee based on where your parents reside.

Another reason as I stated before is because of fights with parents, abuse, etc. However, it is not the right reason to file for emancipation because often they cannot support themselves and end up relying to heavily on the government and outside support that they become a burden.

Do you see it as right or wrong that people are now applying for emancipation based on the high cost of college and why? Should the FAFSA have a section added that states plainly any income you believe you will get instead of an automatic assessment, if they had someone else investigate the situation? Do you think the increasing number of people filing for emancipation will encourage more people to file in coming years?