Legally, child emancipation is when a minor under 18 years old formally asks a court to legally grant him or her freedom from parental or guardianship control. Socially, children who come from familial environments that cannot provide them the physical, mental and emotional support they need seek emancipation, especially if they have the financial means to do so.
While the main consideration of granting a minor a request for child emancipation is financial independence, a jurisdiction that grants such a request to a child who is not financially capable undertakes the responsibility of finding legal means in providing an emancipated minor with financial support. This is often true in cases where the parents or guardian neglects the basic needs of a minor.
The child emancipation request will be granted with the understanding that a financially incapable minor is put under custody of a public welfare child agency, while a guardian appointed by the court will monitor the well-being of the child.
Child emancipation In turn, releases parents or guardians from all obligations concerning the minor. Although in legal terms, minors or children below the age of 18 are considered inept and incapable of handling their own concerns or problems, child emancipation is the legal mechanism overruling such legal presumptions. Minors are then empowered to make decisions and take actions for themselves without the interference or interventions from their respective parents or guardians.
In some cases, the parents of a minor initiate the filing of a motion requesting emancipation from a mature child who is capable of fending for himself, but continues to rely on his parents for financial support.
When a child seeks the court’s assistance through a legal counsel, it does not readily guarantee that the presiding judge will grant the child’s request.
A judicial court considers factors such as age, acceptability of occupation or line of work, the compensation being received, as well as the number of hours the minor has spent engaged in the job. The court will also examine the minor’s achievements, and of the availability of a residence that will allow a minor to live outside of his or her parents’ home.
An child that has been deemed emancipated can make decisions without their parents meddling into their basic affairs, such as choice of school, personal medical decisions, applying for a work permit, choosing one’s own place of residence or managing their own finances. However, children who have been emancipated have broader legal and social responsibilities to take on.
Moreover, while being emancipated frees a child from his or her parents or guardian’s control, certain adult privileges will still be denied if the emancipated minor still does not meet the required age. Such adult privileges include eligibility for a driver’s license, exercising the right to vote, dropping out of school, being legally allowed to buy, carry or drink alcohol.
Generally, children who grow up surrounded by principal family members such as parents and siblings feel valuable and appreciated. In such cases, the idea of seeking child emancipation is farthest from their minds. Supportive familial environments help children develop healthy outlooks in life that even if they find means of becoming financially independent, they will look to such an advantage as means of giving back to their parents who supported them in their endeavors.
To most parents anything they do for their children whether in giving advice or giving gifts, they do it out of love and not because they are legal or traditional obligations to fulfill. That is why most parents painstakingly seek the best choices for their children, including items they buy as birthday and Chresrmas gifts, as these are important tokens of love.
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