What Should I Know About The Emancipation Of Minors?

Contents

• How do I become emancipated?
• Where should a petition for emancipation be filed?
• How do I prove that the emancipation should be granted?
• Can an emancipated minor reverse the process?

How do I become emancipated?

There are 4 ways to become emancipated under Georgia law:

1. When a minor is legally married, the minor is emancipated

2. When a minor turn 18 years of age, the minor is emancipated

3. When a minor is on active duty in the U.S. military, the minor is emancipated

4. A minor can file a petition in the Juvenile Court asking for a court order stating that he or she is emancipated

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Where should a petition for emancipation be filed?

The petition should be filed in the Juvenile Court in the county where the minor lives.

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How do I prove that the emancipation should be granted?

If you are a minor, you must be able to show that:

• Your parents or guardians do not object to emancipation. If they do object, then you must show that emancipation is in your best interest.

• You have the ability to manage your own financial affairs. This includes having proof of employment or other means of support (not public assistance).

• You have the ability to manage your own personal and social affairs. This includes having proof of a place to live.

• You understand your rights and responsibilities after emancipation.

You must list any adults know your situation and who believe you should be emancipated. The court will contact these adults and ask for a sworn statement stating why you should be emancipated. Some examples of adults you might list are:

• A doctor or nurse

• A psychologist, counselor or therapist

• A social worker or school guidance counselor

• A school administrator, principal or teacher

• A clergy member

• A law enforcement officer

• An attorney

Anyone involved in the emancipation case can ask the court to assign an employee or appoint a guardian ad litem to investigate and make a recommendation on whether you should be emancipated. The court can also appoint an attorney for you and appoint an attorney for the parents or guardian if they are unable to pay and oppose the petition.

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Can an emancipated minor reverse the process?

Yes, an emancipated minor may ask the court to have its emancipation reversed. This is called a petition for rescission. The court will reverse the emancipation for one of the following reasons:

• You are indigent and have no means of support

• You and your parents or guardian agree that the emancipation be rescinded

• You have resumed a family relationship with your parents or guardian that is not consistent with the original emancipation

Note, a rescinded emancipation does not allow you as the minor to avoid obligations (like debts) made during the time you were emancipated.

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