What are the requirements for emancipation?
Full Question:
Answer:
A minor who is 16 may petition the court for emancipation. Typically, the court requires that a minor is self-supporting in order to declare the minor is emancipated. In some cases, the court may grant emancipation if it determines that it is in the child's best interests, such as where there is proof of abuse or threat of harm to the child. It is a matter of subjective determination for the court, based on all the facts and circumstances involved.
Sec. 46b-150. Emancipation of minor. Procedure. Notice. Attorney General as
party.
Any minor who has reached such minor's sixteenth birthday and is residing
in this state, or any parent or guardian of such minor, may petition the
superior court for juvenile matters or the probate court for the district
in which either the minor or the parents or guardian of such minor resides
for a determination that the minor named in the petition be emancipated.
The petition shall be verified and shall state plainly:
(1) The facts which
bring the minor within the jurisdiction of the court,
(2) the name, date of
birth, sex and residence of the minor,
(3) the name and residence of the
minor's parent, parents or guardian, and
(4) the name of the petitioner and
the petitioner's relationship to the minor.
Upon the filing of the petition
in the Superior Court, the court shall cause a summons to be issued to the
minor and the minor's parent, parents or guardian, in the manner provided
in section 46b-128. Service on an emancipation petition filed in the
superior court for juvenile matters pursuant to this section shall not be
required on the petitioning party. Upon the filing of the petition in the
Probate Court, the court shall assign a time, not later than thirty days
thereafter, and a place for hearing such petition. The court shall cause a
citation and notice to be served on the minor and the minor's parent, if
the parent is not the petitioner, by personal service or service at the
minor's place of abode and the parent's place of abode, at least seven days
prior to the hearing date, by a state marshal, constable or indifferent
person. The court shall direct notice by first class mail to the parent, if
the parent is the petitioner. The court shall order such notice as it
directs to:
(A) The Commissioner of Children and Families,
(B) the Attorney
General, and
(C) other persons having an interest in the minor. The
Attorney General may file an appearance and shall be and remain a party to
the action if the child is receiving or has received aid or care from the
state, or if the child is receiving child support enforcement services, as
defined in subdivision (2) of subsection (b) of section 46b-231.
Sec. 46b-150a. Investigation of petition for emancipation. Report.
Appointment of counsel. Probate Court may order examination.
(a) With respect to a petition filed in Superior Court pursuant to
section 46b-150, the Superior Court may, if it deems it appropriate,
(1)
require a probation officer, the Commissioner of Children and Families or
any other person to investigate the allegations in the petition and file a
report of that investigation with the court,
(2) appoint counsel for the
minor who may serve as guardian ad litem for the minor,
(3) appoint counsel
for the minor's parents or guardian, or
(4) make any other orders regarding
the matter which the court deems appropriate.
(b) With respect to a petition filed in Probate Court pursuant to
section 46b-150, the Probate Court shall request an investigation by the
Commissioner of Children and Families, unless this requirement is waived by
the court for cause shown. The court shall appoint counsel to represent the
minor. The costs of such counsel shall be paid by the minor, except that if
such minor is unable to pay for such counsel and files an affidavit with
the court demonstrating inability of the minor to pay, the reasonable
compensation shall be established by, and paid from funds appropriated to,
the Judicial Department. If funds have not been included in the budget of
the Judicial Department for such purposes, such compensation shall be
established by the Probate Court Administrator and paid from the Probate
Court Administration Fund.
(c) Upon finding at the hearing or any time during the pendency of the
proceeding in the Probate Court, that reasonable cause exists to warrant an
examination, the court on its own motion or on motion of any party, may
order the minor to be examined at a suitable place by a physician,
psychiatrist or licensed psychologist appointed by the court. The court may
also order examination of a parent whose competency or ability to care for
a minor before the court is at issue. The expenses of any examination if
ordered by the court on its own motion shall be paid for by the petitioner
or if ordered on motion by a party, shall be paid for by the party moving
for such an examination, unless such party or petitioner is unable to pay
such expenses in which case they shall be paid for by funds appropriated to
the Judicial Department. However, in the case of a probate matter, if funds
have not been included in the budget of the Judicial Department for such
purposes, such expenses shall be established by the Probate Court
Administrator and paid from the Probate Court Administration Fund. The
court may consider the results of the examinations in ruling on the merits
of the petition.
Sec. 46b-150b. Order of emancipation.
If the Superior Court or the Probate Court, after hearing, finds that:
(1) The minor has entered into a valid marriage, whether or not that
marriage has been terminated by dissolution; or
(2) the minor is on active
duty with any of the armed forces of the United States of America; or
(3)
the minor willingly lives separate and apart from his parents or guardian,
with or without the consent of the parents or guardian, and that the minor
is managing his own financial affairs, regardless of the source of any
lawful income; or
(4) for good cause shown, it is in the best interest of
the minor, any child of the minor or the parents or guardian of the minor,
the court may enter an order declaring that the minor is emancipated.