What does it mean in Georgia for a minor to be emancipated from their parents? Ultimately, emancipation means to set free from legal or social restrictions. In the context of divorce and family law it is the process which allows a minor to became free of their parents and make their own medical, financial and housing decisions. A minor can be emancipated by 1) becoming legally married, 2) turning 18 years of age, 3) becoming an active duty military member or 4) filing a petition with the court. Although, most courts will not consider an emanicipation unless the minor is at least 16 years of age.
As previously stated in some of our other posts, most matters in family law as it relates to minors come down to what is in the best interest of the child, emancipation is no different. The minor has to demonstrate his or her ability to manage their own financial affairs and a full understanding of their rights and responsibilities after emancipation. When the process is complete the parents are no longer obligated to provide them with food, shelter, clothing, care or child support. An emancipated minor is bestowed with the rights to:
- Enter into contracts
- Work and manage earnings
- Make medical decisions
- Obtain an apartment
- File a lawsuit
- Make decisions regarding education
The parents of the minor do have the right to object to a proposed emanicipation and must submit a formal written answer with the court within 30 days of being served. The Georgia laws regarding the process of emancipation require the advice of a skilled Douglasville divorce and family law attorney. Call us today for a free consulation if you have questions about any family, divorce, or custody related matter.