Click on question below to be linked to answer. If further information is desired, feel free to use Google search bar to locate more information on your question of interest. Questions deal with age of majority and whether law exists for a filing of a petition for emancipation as a minor. Information is presented for informational purposes only, so any reliance on the information presented is at the users risk. Laws sometimes change from time to time, so conduct your own research to ensure law of jurisdiction is still valid. The search boxes can be used to do that. For example, "emancipation in Texas" or "age of majority for marriage in Texas."
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What is the age of majority in Alabama. How can you become an emancipated minor?
Age of 19 is age of majority in AL. Relief of Minor Children from Disabilities is only available to minors over age of 18
See Ala. Code, Title 26, Chapter 13 at http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm
Section 26-13-1
When authorized; procedure generally.
The several juvenile courts of the state are authorized to relieve minors over 18 years of age from the disabilities of nonage in the following cases and none other:
(1) Whenever the father or the mother of such minor shall file a petition with the court, in writing, requesting that such minor be relieved from the disabilities of nonage, and the court shall be satisfied that it is to the best interest of such minor. The parent filing such petition shall aver whether he is the guardian of such minor.
(2) Whenever any such minor, having no father, mother or guardian, or if a parent is living but is insane or has abandoned such minor for one year, shall file a petition with the court to be relieved of the disabilities of nonage, and the court shall be satisfied that it is to the interest of such minor.
(3) Whenever any such minor, having no father or mother, or if a parent is living but is insane or has abandoned such minor for one year, but having a guardian, shall file a petition with the juvenile court to be relieved from the disabilities and the guardian shall join in such petition and the court shall be satisfied that it is to the interest of such minor.
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What is the age of majority in Alaska? Can I seek emancipation as a minor?
Age of Majority for AK is 18 years old.
For emancipation as a minor, either the parent or the child can begin the process by filing certain papers in court. The statute governing emancipation in Alaska is AS 9.55.590, which has five requirements:
1)The child must be a resident of Alaska
2)The child has to be at least 16 years of age
3)The child must be living separate and apart from the parents or guardian
4)The child must be capable of supporting himself or herself financially and managing his or her own affairs
5)Each parent or guardian must consent (although there are certain exceptions)
See http://www.state.ak.us/courts/shceman.htm
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What is the age of majority in Arizona? Can I file for emancipation as a minor?
The age of majority in AZ is 18 years old. There is no formal statute to file for emancipation under. You may attempt to file an emancipation petition in a juvenile court or family court, or other court of jurisdiction, but there are no set out statutory requirements or prerequisites. The case of Tencza et al. v. Aetna Casualty and Surety Company, 111 Ariz. 226; 527 P.2d 97 (1974)
is a common law source for an emancipation of minor petition. The case should be checked, however, to ensure it is still valid for citation.
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What is the age of majority in California? When can I file a petition for emancipation as a minor?
The age of majority in CA is 18 years of age.
See CALIFORNIA FAMILY CODE SECTION 7000-7002, the Emancipation of Minors Law
7000. This part may be cited as the Emancipation of Minors Law.
7001. It is the purpose of this part to provide a clear statement
defining emancipation and its consequences and to permit an
emancipated minor to obtain a court declaration of the minor's
status. This part is not intended to affect the status of minors who
may become emancipated under the decisional case law that was in
effect before the enactment of Chapter 1059 of the Statutes of 1978.
7002. A person under the age of 18 years is an emancipated minor if
any of the following conditions is satisfied:
(a) The person has entered into a valid marriage, whether or not
the marriage has been dissolved.
(b) The person is on active duty with the armed forces of the
United States.
(c) The person has received a declaration of emancipation pursuant
to Section 7122.
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What is the age of majority in Colorado? Can I file a petition for emancipation as a minor?
The age of majority in CO is 18 years old.
There is no formal statute to file for emancipation under. You may attempt to file an emancipation petition in a juvenile court or family court, or other court of jurisdiction, but there are no set out statutory requirements or prerequisites. The case of In re the Marriage of: Roal S. Robinson, Petitioner, and Lavelle S. Robinson, Respondent, 629 P.2d 1069 (1981)is a common law source for an emancipation of minor petition. The case should be checked, however, to ensure it is still valid for citation.
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What is the age of majority in Connecticut? Can I file an emancipation petition as a minor?
The age of majority in CT is 18 years old.
See Connecticut States § 46b-150. Emancipation of minor. Procedure.
Any minor who has reached his sixteenth birthday and is residing in this state, or any parent or guardian of such minor, may petition the superior court for juvenile matters or the probate court for the district in which either the minor or his parents or guardian resides for a determination that the minor named in the petition be emancipated.
The petition shall be verified and shall state plainly: (1) The facts which bring the minor within the jurisdiction of the court, (2) the name, date of birth, sex and residence of the minor, (3) the name and residence of his parent, parents or guardian, and (4) the name of the petitioner and his relationship to the minor.
Upon the filing of the petition in the Superior Court, the court shall cause a summons to be issued to the minor and his parent, parents or guardian, in the manner provided in section 46b-128. Upon the filing of the petition in the Probate Court, the court shall assign a time, not later than thirty days thereafter, and a place for hearing such petition. The court shall cause a citation and notice to be served on the minor and his parent, if the parent is not the petitioner, at least seven days prior to the hearing date, by a state marshal, constable or indifferent person. The court shall direct notice by certified mail to the parent, if the parent is the petitioner. The court shall order such notice as it directs to the Commissioner of Children and Families, and other persons having an interest in the minor.
See also revisions to statute:
Section 46b-150 of the general statutes is repealed and the following is substituted in lieu thereof:
Any minor who has reached his [A> OR HER his SUCH MINOR'S his SUCH MINOR'S his THE PETITIONER'S his SUCH MINOR'S his THE MINOR'S
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What is the age of majority in Delaware? Can I file a petition for emancipation as a minor?
The age of majority in DE is 18 years old. There is no formal statute to file for emancipation under. You may attempt to file an emancipation petition in a juvenile court or family court, or other court of jurisdiction, but there are no set out statutory requirements or prerequisites. The case of In the Matter of S. L., (date of birth 5/82), A Minor Child v. A. and Sh. L., 735 A.2d 433 (1999)is a common law source for an emancipation of minor petition. The case should be checked, however, to ensure it is still valid for citation.
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What is the age of majority in Washington D.C.? Can I file a petition for emancipation as a minor?
The age of majority in Washington D.C. is 18 years old.
There is no formal statute to file for emancipation under. You may attempt to file an emancipation petition in a juvenile court or family court, or other court of jurisdiction, but there are no set out statutory requirements or prerequisites. The case of Kuper v. Woodward, 684 A.2d 783 (1996)is a common law source for an emancipation of minor petition. The case should be checked, however, to ensure it is still valid for citation.
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What is the age of majority in Florida? Can I file a petition for emancipation as a minor?
The age of majority in FL is 18 years old.
In Florida, an emancipation petition is one for "Removal of the Disabilities of Nonage," pursuant to the Florida Statutes,Chapter 743. See http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0743/titl0743.htm
743.01 Removal of disabilities of married minors.--The disability of nonage of a minor who is married or has been married or subsequently becomes married, including one whose marriage is dissolved, or who is widowed, or widowered, is removed. The minor may assume the management of his or her estate, contract and be contracted with, sue and be sued, and perform all acts that he or she could do if not a minor.
743.015 Disabilities of nonage; removal.--
(1) A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16 or older residing in this state upon a petition filed by the minor's natural or legal guardian or, if there is none, by a guardian ad litem.
(2) The petition shall contain the following information:
(a) The name, address, residence, and date of birth of the minor.
(b) The name, address, and current location of each of the minor's parents, if known.
(c) The name, date of birth, custody, and location of any children born to the minor.
(d) A statement of the minor's character, habits, education, income, and mental capacity for business, and an explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met.
(e) Whether the minor is a party to or the subject of a pending judicial proceeding in this state or any other jurisdiction, or the subject of a judicial order of any description issued in connection with such pending judicial proceeding.
(f) A statement of the reason why the court should remove the disabilities of nonage.
<3>(3) If the petition is filed by the natural or legal guardian, the court must appoint an attorney ad litem for the minor child, and the minor child shall be brought before the court to determine if the interest of the minor will be fully protected by the removal of disabilities of nonage. The attorney ad litem shall represent the child in all related proceedings.
(4) If the petition is filed by the guardian ad litem or next friend, service of process must be perfected on the natural parents.
(5) If both parents are not jointly petitioning the court for the removal of the disabilities of nonage of the minor, service of process must be made upon the nonpetitioning parent. Constructive service of process may be used, provided the petitioning parent makes an actual, diligent search to discover the location of, and provide notice to, the nonpetitioning parent.
(6) The court shall consider the petition and receive such evidence as it deems necessary to rule on the petition. If the court determines that removal of the disabilities of nonage is in the minor's best interest, it shall enter an order to that effect. An order removing the disabilities of nonage shall have the effect of giving the minor the status of an adult for purposes of all criminal and civil laws of the state, and shall authorize the minor thereafter to exercise all of the rights and responsibilities of persons who are 18 years of age or older.
(7) The court shall consider the petition and, if satisfied that the removal of the disabilities is in the minor's best interest, shall remove the disabilities of nonage; and shall authorize the minor to perform all acts that the minor could do if he or she were 18 years of age.
(8) The judgment shall be recorded in the county in which the minor resides, and a certified copy shall be received as evidence of the removal of disabilities of nonage for all matters in all courts.
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What is the age of majority in Georgia? Can I file a petition for emancipation as a minor?
The age of majority in Georgia is 18 years old. There is no formal statute to file for emancipation under. You may attempt to file an emancipation petition in a juvenile court or family court, or other court of jurisdiction, but there are no set out statutory requirements or prerequisites. The case of Street v. Cobb County School District, 520 F. Supp. 1170 (1981)is a common law source for an emancipation of minor petition. The case should be checked, however, to ensure it is still valid for citation.
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What is the age of majority in Hawaii? Can I file a petition for emancipation as a minor?
The age of majority in HI is 18 years old.Hawaii Revised Statutes §577-1 Age of majority. All persons residing in the State, who have attained the age of eighteen years, shall be regarded as of legal age and their period of minority to have ceased. [§577-25] Emancipation of certain minors. Any law to the contrary notwithstanding, a minor who has been married pursuant to chapter 572 shall be deemed to be emancipated and shall be regarded as though he or she were of legal age and shall have all the rights, duties, privileges, and responsibilities provided by the civil law to a person who has reached the age of majority under civil law; provided that:
(1) Nothing in this section shall be deemed to confer upon such person the right to vote in any federal, state, or county election or the right to purchase, possess, or sell alcoholic beverages; and
(2) Nothing in this section shall change the status of such persons as minors in connection with any criminal law, nor affect the exclusive original jurisdiction of the family court over such persons under section 571-11(1).
For purposes of this section, "minor" means a person under the age of majority.
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What is the age of majority in Idaho? Can I file a petition for emancipation as a minor?
The age of majority in ID is 18 years old. There is no formal statute to file for emancipation under. You may attempt to file an emancipation petition in a juvenile court or family court, or other court of jurisdiction, but there are no set out statutory requirements or prerequisites. The case of Embree v. Embree, 85 Idaho 443; 380 P.2d 216 (1963)is a common law source for an emancipation of minor petition. The case should be checked, however, to ensure it is still valid for citation.
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What is the age of majority in New Jersey? Can I seek emancipation as a minor?
18.
Reaching the age of 18 is prima facie proof of emancipation, but not conclusive proof. As noted, a court will usually not emancipate a child if he or she is in college. A parent who is filing a motion for emancipation has the burden of proving the facts to support it. Ribner v. Ribner, 290 N.J. 66 (App. Div. 1997).
Factors determining whether a child has obtained an independent status include: (a) the child’s needs; (b) the child’s interests; (c) the child’s independent resources; (d) the family’s reasonable expectations; (e) the parties’ financial ability; and (f) any relevant factor.
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What is the age of majority in North Carolina? Can I file a petition for emancipation as a minor?
18.
Emancipation § 7B‑3500. Who may petition.
Any juvenile who is 16 years of age or older and who has resided in the same county in North Carolina or on federal territory within the boundaries of North Carolina for six months next preceding the filing of the petition may petition the court in that county for a judicial decree of emancipation. (1979, c. 815, s. 1; 1998‑202, s. 6.)
see also http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_7B/Article_35.html
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