How long is the process to become emancipated?

Full Question:

How long normally is the legal process of a minor being emancipated?
05/31/2007   |   Category: Minors ยป Emancipation...   |   State: Louisiana   |   #6085

Answer:

The applicable Louisiana statutes are as follows:

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.

Title 8, Chap. 2, Sec. 1, Art. 365. Kinds of emancipation.

SECTION 2. OF EMANCIPATION CONFERRING

THE POWER OF ADMINISTRATION

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.


Title 8, Chap. 2, Sec. 2, Art. 366.

Emancipation by reason of ill treatment.

The minor may be emancipated against the will of his father and mother, when they ill treat him excessively, refuse him support, or give him corrupt examples.

Title 8, Chap. 2, Sec. 2, Art. 368.

SECTION 3--OF EMANCIPATION BY MARRIAGE

Emancipation by marriage.

The minor, whether male or female, is emancipated of right by marriage.

Title 8, Chap. 2, Sec. 3, Art. 379.

SECTION 4--OF EMANCIPATION RELIEVING THE MINOR
FROM THE TIME PRESCRIBED BY LAW FOR ATTAINING
THE AGE OF MAJORITY

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.

Title 8, Chap. 2, Sec. 4, Art. 385.

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.

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