Would both of my parents have to sign for me to become emancipated?
Full Question:
I am 16, but will be turning 17 December 23. My parents are divorced and I live with my dad, but my parents have 50/50 custody. If I wanted to emancipate myself would I have to have both parents to sign for it or jus one parent? And if I only need 1 parent would it have to be my dad?
11/26/2007 |
Category: Minors ยป Emancipation... |
State: Louisiana |
#12855
Answer:
The following are Louisiana statutes:
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.