What is the process for my seventeen year old to become emancipated?

05/12/2007 - Category:Minors - Emancipation of Minor - State: LA #4572

Full Question:

My 17 year old son wants to be emancipated. He is on probation. What requirements must he meet before he can start, and what is the process?

Answer:

The applicable Louisiana statutes are as follows:

Art. 365. Kinds of emancipation
There are three kinds of emancipation:
1. Emancipation conferring the power of administration.
2. Emancipation by marriage.
3. Emancipation relieving the minor from the time prescribed by law for attaining the age of majority.
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.
Art. 379. Emancipation by marriage
The minor, whether male or female, is emancipated of right by marriage.
Art. 385. Emancipation of minor sixteen years or older
A minor sixteen years of age or older may be judicially emancipated and relieved of the disabilities which attach to minority as provided in Articles 3991 through 3994 of the Louisiana Code of Civil Procedure.
Art. 3991. Petition; court where proceeding brought
The petition of a minor for judicial emancipation shall 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.
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.
Art. 3993. Hearing; judgment
If the judge is satisfied that there is good reason for emancipation and that the minor is capable of managing his own affairs, he shall render a judgment of emancipation, which shall declare that the minor is fully emancipated and relieved of all the disabilities which attach to minority, with full power to perform all acts as fully as if he had reached the age of majority.
Art. 3994. Expenses of proceeding
Whether the minor succeeds or fails in obtaining a judgment of emancipation, all expenses which he may have incurred shall be paid out of his estate.


For further information, please see:

http://lawdigest.uslegalforms.com/minors/index.php?dID=6538

05/12/2007 - Category: Emancipation of Minor - State: LA #4572

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