Brett K. Duncan & Co.
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Emancipation is possible when minors want freedom

Entering the court while seeking emancipation is a serious situation. It's a process by which the court grants you the right to live as an adult despite the fact that you're a minor. There are cases in which an emancipation is necessary or appropriate. To receive an emancipation, you'll have to prove that your case is one of those situations.

There are requirements to meet before you can be emancipated. For example, you'll need to show that it's in your best interests not to be legally bound to your parents or guardians. Additionally, you need to be old enough to file the claim. In California, it's 14 years old, while in Alabama, you have to wait until you're 18. Every state is different. Louisiana's rules state that you must be 16 to be emancipated by judicial consent or 15 by parental consent.

Emancipation proceedings can't continue without letting your parents or guardians know. They have a right to object to the proceedings, and in some situations, this ends the case immediately. The court may consider the situation before deciding to dismiss the case. For instance, if the minor has been abused by his or her parents, then he or she may have a stronger case for emancipation.

There are a few factors the court has to consider in each emancipation case. The maturity of the minor matters. The minor needs to show that he or she can function in life as an adult. Additionally, the court considers the minor's current education level and how it could impact his or her ability to support him or herself financially. If the minor is pregnant, the court may wish to know if the minor intends to marry the father, since that would result in immediate emancipation.

Our website has more on important family law topics like this one. The right education makes a difference in every legal case.

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Brett K. Duncan & Co.
500 E. Morris Avenue
Hammond, LA 70403

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