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For many, but not all legal purposes, emancipation is automatically
presumed to occur when a person reaches age 18. For individuals
who are under age 18, it must generally be shown that the minor is no longer under the care
and control of his parents and is already completely self-supporting.
Emancipation is not granted simply so that a child may get out
from under a parent's care or control and is not granted to allow
a parent to avoid legally required child support obligations.
How do you prove that care and control by the parent has been
given up? Who must be convinced of this fact? The answer to both
of these questions depends on the purpose for which emancipation
is sought. The following are some typical situations where the
questions of emancipation arises.
Marriage: Minors under age 16 may not obtain a marriage license
without first petitioning the Orphans' Court Division of the
Court of Common Pleas. The Orphans' Court judge decides whether
a marriage license may be granted after conducting a hearing.
Minors, ages 16-17, may not marry without parental consent. At
age 18 no restrictions apply and an individual is considered
to be emancipated for the purpose of becoming married. Note that
marriage itself may be proof of emancipation for other purposes.
Public Assistance Benefits: Minors between ages 16 and 21 may
be eligible to receive State General Assistance Cash benefits
if emancipated. The minor must have left the parental home
and established himself/herself independently of the parents
in order to be considered emancipated. This requirement does
not apply if the minor is married. Proof of emancipation must
be provided to the local Assistance Office. If the Assistance
Office finds that the minor is not emancipated, the minor may
appeal that decision through the administrative hearing process
described in the notice denying benefits. An individual under
age 21 may be considered emancipated if applying for the Aid
to Families with Dependent Children Program if he or she is
not under the care and control of his or her parents or is
married. A decision denying emancipated status or AFDC may
be appealed in the same manner as a denial of General Assistance
benefits.
Consent to medical treatment: Minors need not be emancipated
to give consent to medical treatment if the minor has graduated
from high school, has married or is pregnant. A minor may also
consent to treatment for his or her own child.
Custody: Minor parents are entitled to seek custody of their
children regardless of whether they are emancipated.
School attendance: While parents are subject to criminal penalty
if their children's absence from school violates school attendance
laws, this is not the case if the child is emancipated. The relevant
facts include whether the child lives at home and whether the
parents provide financial support for the child.
The court is unable to answer questions over the telephone as
to whether or not you might be emancipated since the determination
of whether a child is emancipated depends upon the reasons one
seeks emancipation and the specific circumstances of each individual
case. It is advisable that you consult with a lawyer who will
assist you.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
