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The act or process by which a person is liberated from the authority and control of another person.
The term is primarily employed in regard to the release of a minor by his or her parents, which entails a complete relinquishment of the right to the care, custody, and earnings of such child, and a repudiation of parental obligations. The emancipation may be express—pursuant to a voluntary agreement between parent and child—or implied from conduct that denotes consent. It may be absolute or conditional, total or partial. A partial emancipation disengages a child for only a portion of the period of minority, or from only a particular aspect of the parent's rights or duties.
There is no determinate age when a child becomes emancipated; it usually, but not automatically, occurs upon the attainment of the age of majority.
n. freeing a minor child from the control of parents and allowing the minor to live on his/her own, or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand. Emancipation may also end the responsibility of a parent for the acts of a child, including debts, negligence or criminal acts. Sometimes it is one of the events which cuts off the obligation of a divorced parent to pay child support.
emancipationnoun acquittal, deliverance, deliverrnce from bondage, discharge, enfranchisement, extrication, freedom, liberatio, liberation, liberty, manumission, pardon, possession of full rights, release, release from custody, reprieve, salvation, setting free, unshackling
Associated concepts: complete emancipation, emancipation of minors, Emancipation Proclamation, express emancipaaion, implied emancipation, partial emancipation
See also: discharge, freedom, liberation, liberty, parole, release, suffrage
Ask a Lawyer
QuestionCountry: United States of America
I am 17 years old and would like to know if I would be able to file for minor emancipation. I have been working to save money for an apartment when I turn 18 years old to move out. However, my parents have now decided to refuse to pay for my college tuition and refuse to help me purchase a car if I decide to move out in my own apartment when I'm 18. They want me to either live at home or on the college campus. If I live on campus, they have made it clear that I will have to pay for the dorm myself. If I must pay either way to avoid living at home with my parents, whether its on campus or in my own apartment, shouldn't I get to choose where I want to live if it's coming out of my money? Also because I am a minor, I can't legally sign a lease by myself to purchase a car. Even though I have offered to pay for the car and insurance by myself, they refuse to co-sign the lease for me. Right now, one of my parents drives me to school and to work, but if I were able to legally ob tain my own car, I would be fully self-supporting otherwise. If I am granted emancipation, I plan on purchasing my own car and insurance, find my own shelter, and pay my own tuition to go to community college(since that is all I will be able to afford by myself) Because I am self-supporting for the most part right now, I don't see reason to continue living at home if I will end up paying for everything now and in the end regardless. Is this enough for me to file emancipation?
AnswerYou could speak with social services but they likely will want you to wait until you are 18--at that point you and your parents are free to negotiate whatever you can--but unfortunately they don't have to give you any further funds if they don't wantto or don't agree with you.
EMANCIPATION. An act by which a person, who was once in the power of
another, is rendered free. B y the laws of Louisiana, minors may be
emancipated. Emancipation is express or implied.
2. Express emancipation. The minor may be emancipated by his father, or, if be has no father, by his mother, under certain restrictions. This emancipation takes place by the declaration, to that effect, of the father or mother, before a notary public, in the presence of two witnesses. The orphan minor may, likewise, be emancipated by the judge, but not before he has arrived at the full age of eighteen years, if the family meeting, called to that effect, be of opinion that he is able to administer his property. The minor may be emancipated against the will of his father and mother, when they ill treat him excessively, refuse him support, or give him corrupt example.
3. The marriage of the minor is an implied emancipation.
4. The minor who is emancipated has the full administration of his estate, and may pass all act's which may be confined to such administration; grant leases, receive his revenues and moneys which may be due him, and give receipts for the same. He cannot bind himself legally, by promise or obligation, for any sum exceeding the amount of one year of his revenue. When he is engaged in trade, he is considered as leaving arrived to the age of majority, for all acts which have any relation to such trade.
5. The emancipation, whatever be the manner in. which it may have been effected, may be revoked, whenever the minor contracts engagements which exceed the limits prescribed by law.
6. By the English law, filial emancipation is recognized, chiefly, in relation to the parochial settlement of paupers. See 3 T. R. 355; 6 T. R. 247; 8 T. R. 479; 2 East, 276; 10 East, 88.; 11 Verm. R. 258, 477. See Manumission. See Coop. Justin. 441, 480; 2 Dall. Rep. 57, 58; Civil Code of Louisiana, B. 1, tit. 8, c. 3; Code Civ. B. 1, tit. 10, c. 2; Diet. de Droit, par Ferriere; Diet. de Jurisp. art. Emancipation.