What are the rights of an Emancipated minor in Puerto Rico?
Full Question:
I am a 20-year-old student. I wish to file a petition in the court for Emancipation. I want to know the rights of an Emancipated minor in Puerto Rico.
12/27/2016 |
Category: Minors ยป Emancipation... |
State: ALL |
#28842
Answer:
Per 31 L.P.R.A. § 971, “Majority begins at the age of twenty-one years.” 31 L.P.R.A. § 971 states the rights of a person who has attained the age of majority. 31 L.P.R.A. § 971 reads:
“A person having attained the age of majority is capable of executing all the acts of civil life, with the exceptions established in special cases by this title.”
Per 31 L.P.R.A. § 912, “emancipation may be petitioned for either by a relative of the minor or by the minor himself.”
31 L.P.R.A. § 912 reads:
“A minor who shall have completed the said age of eighteen years may also be emancipated by a decision of the Court of First Instance for the purpose of administering his property. . . .”
Emancipation gives the minor the right to govern himself and his property “as if he were of legal age.”
Per 31 L.P.R.A. § 915 reads:
“The emancipation capacitates the minor to govern himself and his property as if he were of legal age.”
However, the parents of an emancipated minor have no duty to support their emancipated minor child.
31 L.P.R.A. § 601 states:
“The father and the mother have, with respect to their children not emancipated:
(1) The duty of supporting them, keeping them in their company, educating and instructing them in accordance with their means, and representing them in the exercise of all actions which may redound to the benefit of such children.
(2) The power to correct and punish them moderately.”
Emancipation gives the minor the right to govern himself and his property as if the minor has become a major. In addition, under 31 L.P.R.A. § 971, the minor will be capable of governing himself and his property. However, the emancipated minor may lose the right to ask for support from his/her parents.