Legal Blog

The Weekly Scenario from Steve Shane – 8.26.13

Question:  Can a child legally emancipate from his parents before the age of 18? Answer: The answer is yes.  The typical case is when a child joins the military or marries, but a child under 18 can choose to ‘divorce’ his parents thus becoming fully responsible for his own decisions (health care, living, schooling, etc). If a child wants to emancipate from his parents, he can go to court and request emancipation from a judge.  The parents will often need to consent to the request and without the parents’ consent, the child’s request will not likely happen (but it could be granted in some circumstances). Once emancipated, the minor child can make all medical decisions and financial decisions for himself and decide whether or not to stay in school or complete his education, as the case may be. The court has the power to revoke the child’s emancipation if circumstances change. Comment: I have never been involved with an emancipation case, but this question came up the other week and I myself was interested in knowing the answer.  Presumably this does not happen too often. Steven E. Shane Principal Offit│Kurman Attorneys At Law 301.575.0313 Washington 443.738.1513 Baltimore 410.218.9339 Mobile 301.575.0335 Facsimile Please note the above material discussed is intended to provide only general information. Do not, under any circumstances, solely rely on this information as legal advice. Legal matters are often complicated. For assistance with your specific legal problem or inquiry please contact me directly.