How do I become emancipated in Pennsylvania?
Full Question:
Answer:
In Pennsylvania, there is no general emancipation statute which explains procedures to follow to become emancipated. A minor may petition a court to confirm his or her emancipated status by either submitting a "Petition for Emancipation" or by filing a "Complaint For Declaratory Judgment On Plaintiff's Emancipation Status." A minor should get legal assistance when asking a court for a judicial decree of emancipation. A hearing will be held on any request for emancipation, and it will be a matter of subjective determination for the court to decide if the minor should be declared emancipated, based on all the facts and circumstances involved. Information considered by the the court at the hearing should include facts showing: whether the minor is living with his or her parents or guardians; whether the minor is dependent on his or her parents for financial support; whether the parents and the minor intend for the minor to be independent; whether the parents are actually exercising control and authority over the minor; and whether the minor can financially support him or herself.
Parents or guardians of a minor emancipated by court order, are relieved of the duty to support the minor. This means they do not have to provide food, housing, clothing or any other assistance to the minor.
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 parents may not pursue a court declaration of emancipation merely to avoid parental responsibilities. 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. 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.
