Can I become emancipated in the US if I am a chinese citizen?
04/24/2009 - Category:Minors - Emancipation of Minor - State: PA #16119
I am 16 and I am studying in PA by myself. Both my parents and I want to get myself emancipated. However, should I go to the court here or the court in China since I'm a chinese citizen? If I can go to the court in America to get emancipated, could you please tell my some really profession lawyers who can help me with me case?
Emancipation is the legal process by which a person under 18 years of age (a minor) is granted the legal status of an adult. In Pennsylvania, there is no general emancipation statute which explains procedures to follow to obtain that legal status. Instead, the emancipation of a minor is based on the specific facts in a given situation. For example, just because a child has dropped out of school or has a job does not mean that minor is automatically emancipated. Also, a court finding of emancipation is not necessarily permanent. A minor’s legal status may move in and out of emancipation depending on the facts at the time. It is important to understand that minors may not request a finding of emancipation just to escape rules of their parents that the minors may not like.
Typically, a minor may be emancipated for a specific purpose, but that does not mean the child is completely emancipated. For example, a minor might be found emancipated in order to give medical consent, but he or she still may not be able vote or purchase alcohol and may still be supported by a parent, or may be required to attend school under school attendance laws, even if the minor has been found to be emancipated for a different limited purpose.
The status of emancipation is not obtained merely by filing a petition or a request for a court declaration of emancipation. An actual hearing must be held for the court to determine whether a finding of emancipation is appropriate. However, such a hearing is usually part of another type of proceeding already before the court involving the minor and the child’s parents (such as support, custody, truancy, dependency). Emancipation status sometimes is granted in order to make the minor eligible for a benefit or service which a government agency provides. However, if granted, the emancipation status is only for that limited purpose.
If a minor marries or enters the military he/she is automatically emancipated. The precise moment when a child is considered emancipated upon entering military service isn't legally defined, but is typically determined by when a child is living independently from his parents due to being in military service. Without either of these actions, many factors determine if a minor is emancipated: Whether the minor child lives with his/her parents; whether the minor child is supported by his/her parents; whether the parents and the minor child intend for the minor to be independent; whether the parents have control and authority over the minor child; and whether the minor is able to support him/herself. In short, whether a minor is emancipated depends on the factual situation.
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04/24/2009 - Category: Emancipation of Minor - State: PA #16119
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