Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Chapter 11 Emancipation

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Emancipation  Affords majority, or adult, status to a minor  Allows minor to engage in adult activity  Terminates parental rights and responsibilities  Affords majority, or adult, status to a minor  Allows minor to engage in adult activity  Terminates parental rights and responsibilities

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Types of Emancipation  Express emancipation—occurs by written or spoken parental consent  Implied emancipation—unspoken parental consent  Constructive emancipation—occurs through change in child’s status  Express emancipation—occurs by written or spoken parental consent  Implied emancipation—unspoken parental consent  Constructive emancipation—occurs through change in child’s status

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Implied or Constructive Emancipation  Courts examine totality of the circumstances, including whether child is financially or emotionally dependent, where child is living, whether separation is voluntary

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Legal Effects of Emancipation  Emancipated minors may, among other things, sign contracts, own property, be employed, retain their earnings, marry, enlist in the military

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Legal Effects of Emancipation (continued)  Emancipated minors must still comply with school, child labor, marriage, and alcohol laws  Parents have no legal rights to or responsibility for their emancipated children  Emancipated minors must still comply with school, child labor, marriage, and alcohol laws  Parents have no legal rights to or responsibility for their emancipated children

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Procedures for Emancipation  States set minimum ages  Courts require proof of independence  Courts disfavor emancipation actions as a means to avoid paying child support  Emancipation must be in the best interest of the minor  Emancipation is not permanent; parties can rescind  States set minimum ages  Courts require proof of independence  Courts disfavor emancipation actions as a means to avoid paying child support  Emancipation must be in the best interest of the minor  Emancipation is not permanent; parties can rescind