How can a 17 year old enter into a contract? what is the law on the same?
Full Question:
I am a software developer and am part of a lot of free-source development projects online. A few of my peers and I are planning to take the developing of software to the next level and collaborate with established tech companies. I earn and sustain myself and have already moved on of the house. Because I am only 17 years old, I cannot sign contracts on my own. How can I overcome this impediment in Wyoming?
12/29/2016 |
Category: Minors |
State: Wyoming |
#29049
Answer:
Wyo. Stat. § 14-1-202 enumerates the effect of the decree obtained by an emancipated minor in Wyoming. It reads:
“(a) Upon written application of a minor under jurisdiction of the court and notwithstanding any other provision of law, a district court may enter a decree of emancipation in accordance with this act. In addition to W.S. 14-1-101(b), the decree shall only:
(i) Recognize the minor as an adult for purposes of:
(A) Entering into a binding contract;
(B) Suing and being sued;
(C) Buying or selling real property;
(D) Establishing a residence;
(E) The criminal laws of this state.
(ii) Terminate parental support and control of the child and their rights to his income;
(iii) Terminate parental tort liability for the minor.”
The method of application for emancipation decree and other procedures are enumerated in § 14-1-203 which reads:
“(a) Upon written application of a minor subject to personal jurisdiction of the court, a district court may enter a decree of emancipation in accordance with this act. The application shall be verified and shall set forth with specificity all of the following facts:
(i) That he is at least seventeen (17) years of age;
(ii) That he willingly lives separate and apart from his parents;
(iii) That his parents consent to or acquiesce in the separate living arrangement;
(iv) That he is managing his own financial affairs; and
(v) That the source of his income is not derived from means declared unlawful under state or federal law or from assistance received under W.S. 42-2-104.
(b) The district court shall conduct a hearing on the minor's application for emancipation within sixty (60) days after the date of filing. Notice of the hearing shall be given to the minor and his parents by certified mail at least ten (10) days before the date set for hearing.
(c) At the hearing, the court shall advise the minor of the effect of emancipation pursuant to W.S. 14-1-202. These rights and liabilities shall be stated in the emancipation decree.
(d) The court may enter a decree of emancipation if the minor is at least seventeen (17) years of age and the court finds emancipation is in the best interests of the minor. In making a determination, the court shall consider if the:
(i) Minor's parents consent to the proposed emancipation;
(ii) Minor is living or is willing to live apart from his parents and is substantially able to provide self-maintenance and support without parental guidance and supervision;
(iii) Minor demonstrates he is sufficiently mature and knowledgeable to manage his personal affairs without parental assistance; and
(iv) Source of the minor's income is not derived from means declared unlawful under state or federal law.
(e) Upon entry of a decree of emancipation, the court shall file the decree with the county clerk of the county in which the child resides. A copy of the decree shall be issued to the minor.
(f) A declaration of emancipation shall be conclusive evidence that the minor is emancipated, but emancipation may also be proved by other evidence like any other fact.”
In the case at hand, the minor may apply for an emancipation per the above-quoted statute for a decree of emancipation. Once the court grants him such decree, he shall be free to enter into legally enforceable contracts like an adult.