"Emancipation and the means to our society"

Caitlin Orsette
WRT 1020
Madonna University

Emancipation of a minor is a legal way for you to seperate from your parents or
guardians. Once emancipated you are no longer in custody of your parnets or legal
guardians. They are no longer responsible for your actions or financial needs. By all

means you are now looked as an adult and are held up to the responsiblities of one.
In our society we legally emancipate everyone on their 18th birthday. Meaning
they are a legal adult in the United States of America and are now hold the responsiblities
of an adult. However, under certain circumstances and situations may there be a youth
who would like to abtain emancipation from his/her parents or guardians who is under the
age of 18.
In order for emancipation to be considered you must meet some or all of the
qualification first.
If you legally get married and wish for same legal rights as an adult; which in this case is
achieved with parental consent and permission from the court.
Your parents or guardians are physically, verbally, and/or sexually abusive.
The stabalization of the home which you are residing in is unfit such as; hoardering
unhealthy living conditions or the situation is morally repugnant to you.
Perhaps, your parents are neglecting you and are not providing the care and support they
are responsible for. This would include food, shelter, and clothing or in some cases lack
of medical attention needed.
However, if you are looking to be emancipated just for medical aid or assisstance you do
not nesseciarly have to become emancipated in order to recieve this.
Even though you are living with your parents you still qualify for Medi-Cal Minor
Consent Services. This is a program designed to provide some kind of free health care
service without anyone informing your parents/guardians. Some of these services
include: family planning, birth control, abortion, pregnacy care. Any type of drug or
alcohol treatment, mental health problems, sexually transmitted diseases, rape and sexual

assault.

Other qulaifications for emancipation are at least 14 years of age when first seeking for
legal help about emancipation. Must not be living with parents or guardians. The courst
want to know and see that you have made prior arrangments for you to be staying
somewhere permanetly and not just a friends. This will not hold up in front of a judge.
You must also provide consent from your parents giving up their rights over you. One
way for this to happen is to file a consent form signed by you parent(s)/ guardian(s)
saying they dismiss all rights over, and this attaching it the emancipation petition.
Another way in doing so is to show the court you have "acquieseed". Meaning you are
living away from home with your parents acknowlegdement of so, but yet they have not
tried to make any attempt of your return home.
You must show proof of managing your own finances. This could be anywhere from your
own bank account to paying any type of bill. Even if you live with someone else and
maintain the property while exchange of living there, If they can provide you with money
they show you pay them for rent, this would count towards management of finances as
well as proof of legal income.
The finally decision of emancipation comes down to the judge. They will be the one who
determines if emancipation is in the best interest for you.

It is not easy takening on the responsiblities and rights of an adult, espacially at an

earlier age. Most often teenagers don't have the resources or financial support to pay for
clothes, rent, and groceries all at the same time without assistances. Even now-a-days
most adults live with a signifcant other or a roommate just to afford the neccessaties.

(food, shelter, clothing)

A judge won't grant emancipation unless you can show support for oneself. In
other words, show the judge you have a job and can afford to live on your own.
Since it can be difficult for a teen to abtian a job or show proof of a legal financial
income. emancipation would not be for them.
Before pursueing with emancipation you may want to consider other options and
situations. Once emancipation is granted, it is typically never undone. So think about
realistically supporting yourself without help from parents or the state. (welfare). It would
be smart to think ahead about worse case scenarios. What if something were to happen,
you did loose your job or became ill and was refrained from working. How would you
manage?
Looking over some other alternative available before coming to this process may provide
you with a better solution to a better life.
One option that could be taken is to see a conselor or therapist with your parents. You
could even go talk with an adult friend whom you trust about the home enviroment.
Maybe they could shed some aide to the situation at home or even help resolving it.
Making it more comfortable for the living of the teen until they become of age. (18 yrs
old).
Another option may be to stay with a friend or a relative for a little while. If you are in an
abusive situation physically, verbally, or sexually think about contacting Child's
Proctective Services. SInce you are not an adult yet or emancipated you still qualify for
CPS aide. They could help provide you with a better, more stablized home.
Leading to another solution. There's the alternative of foster care or adoption if you
already have someone willing to look over you.

Also ask yourself these few questions first : Have you tried everything you could to work
out the problems or relationship with your parents? Is it worth potentially loosing all
contact or interaction with your parents and/or family members?
One last thing to think about. Everyone legally becomes emancipated in the U.S on their
18th birthday. So really think about how much more time you have and if it would be
worth all the trouble.
If none of the aleternative are working out for you and you would still wish to continue
with the emancipation process, then you must realize once granted this, you now become
responsible for the providence or your own food, shelter, clothing, and anything else you
may need in life.
When granted with emancipation you are not only seen as an adult through our
legal system now but you also earn some new rights.
You can be held legally and financially for any injuries caused upon others.
You are able to handle your own affairs.Including:
Signing binding contracts and upholding to them.
Keep and spend your own earnings
Receive a work permit without parental consent
Sue someone in your own name
Consent to all your own dental, medical. and psychiatric care, even the financial
aspect.
Stay our as late as you want. However, some ordiances, and laws prehibate to do
so if you

are under the age of 18 years old and must be home by 12:00 am
Sign yourself up for school and college.
Join the armed forces without parental consent
Get married without parental consent.

Even though you are emanciapated and hold the responsiblities of an adult doesn't
necessairly mean you can you whatever you want. There are still some laws your must
obey by.
For instance: Education laws require you to go to school until you graduate or turn the
age of 18.
There is also the Child Labor Laws and work permit rule that you and the
workforce have to obey by. Stating that you can not work as many hours as you want
within a week or even a month. Playing a majoy role in rather or not you will be able to
live on your own. Also a key decision in the judges opinion to grant you emancipation.
You are not exempt from statutory rape laws as well. You still can not have sex with
anyone over the age of 18 unless married.
Emancipation still does not grant any right to a minor to consume or buy alcohol.
Lastly you are still unable to vote.