What is the differance between a notarial emancipation and a judicial emancipation?
Full Question:
Answer:
The following iare LA statutes:
Art. 366. Emancipation by notarial act
The minor, although not married, may be emancipated by his father or, upon the death of the father, by his mother or, in the event of divorce or separation from bed and board, by the natural tutor or cotutors acting jointly, when he shall have arrived at the full age of fifteen years.
This emancipation takes place by the declaration to that effect of the father, the mother, or both, before a notary public in the presence of two witnesses.
JUDICIAL EMANCIPATION
Art. 3991. Petition; court where proceeding brought
The petition of a minor for judicial emancipation sha
Art. 3992. Consent of parent or tutor
The petition of the minor shall be accompanied by a written consent to the emancipation and a specific declaration that the minor is fully capable of managing his own affairs, by the following:
(1) The father and mother if both are alive, or the survivor if one is dead. If either parent is absent or unable to act, the consent of the other parent alone is necessary. If the parents are judicially separated or divorced, and the custody of the minor has been awarded by judgment to one of the parents, the consent of that parent alone is necessary. A surviving parent is not required to qualify as natural tutor in order to give such consent, nor is the appointment of a special tutor necessary.
If the petition is filed on the ground of ill treatment, refusal to support, or corrupt examples, parental consent is unnecessary, but the parents or the surviving parent shall be cited to show cause why the minor should not be emancipated.
(2) The tutor of the minor if one has been appointed. If a tutor of his property and a tutor of his person have been appointed for the minor, the consent of both is necessary. If no tutor has been appointed, or if the tutor has died, resigned, or been removed, and there is no surviving parent who is able to act, a special tutor shall be appointed. If the tutor or special tutor refuses to give his consent, he may be cited to show cause why the minor should not be emancipated.ll be filed in the district court in the parish of his domicile, and shall set forth the reasons why he desires to be emancipated and the value of his property, if any.
Please see the forms at the following links:
http://www.uslegalforms.com/la/LA-5237.htm
http://www.uslegalforms.com/la/LA-738-M.htm