Emancipation
Emancipation laws vary from county to county, but generally emancipation ends the parents' legal duty to support the youth, and also ends the parents' right to make decisions about the youth's residence, education, health care, and to control conduct. However, it does not mean that they are the same as an adult for all purposes (for example, voting and alcohol-purchase age laws are not affected by emancipation).
They generally require that:
1. the youth is managing her own finances, has a legal source of income, and is not financially dependent on her parents;
2. the youth is living independently from her parents;
3. emancipation would be in the youth’s best interest.
Right, check that. Everything works there.
Or in the case of emergency, I could just get pregnant I wish;
The federal welfare law passed in 1996 generally prohibits an unmarried youth who is a custodial parent from receiving Temporary Assistance to Needy Families assistance for herself, unless she is living with a parent, legal guardian, or other adult relative. However, a youth can be exempted from this living arrangement rule if:
1. the youth has no parent, guardian, or adult relative who is living or whose whereabouts are known;
2. the youth has no parent, guardian, or adult relative who will allow her to live in their home;
3. the court determines that the youth or her youth is being or has been subjected to serious physical or emotional harm, sexual abuse, or exploitation in the parent, guardian, or adult relative’s home;
4. the court determines that living with a parent, guardian, or adult relative presents a risk of imminent or serious harm to the youth or her child or;
5 the court determines that it is in the best interest of the youth’s child to waive the rule.
Current Living Arrangement:
For youths who qualify under one of the exemption categories, the court must either help the youth find an adult-supervised supportive living arrangement or determine that the youth’s current living arrangement is appropriate.
Again, the court can make this determination on a case-by-case basis for emancipated emancipation youths, or adopt laws, regulations, or policies stating that the current living arrangements of emancipated youths are presumed to be appropriate;
- the youth must be living apart from his/her parents;
- the youth must be self supporting (may be receiving public benefits or youth support if required by court order);
- the youth is not in need/receipt of foster care;
- the youth is living beyond the custody and control of the parent;
- the youth is over the age of 16.
Q. 1.3 Does the status Emancipated Youth help or hurt a young person?
A. If a young person can establish his/her emancipation through the test above, then the young person would have the following rights:
- the right to retain one's own wages;
- the right to sue for parental support if the parent forced the youth to leave home;
- the right to establish his/her own legal residence and attend school where he/she resides;
- if needy, eligibility for certain public benefits (depending on the circumstances of the young person's emancipation).
Well. That was useful.