What would I have to do to get myself emancipated?

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What would I have to do to get myself emancipated?

Asked on December 3, 2012 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A minor may petition a court to obtain an emancipated status by either submitting a "Petition for Emancipation" or by filing a "Complaint For Declaratory Judgment On Plaintiff's Emancipation Status."  A hearing will be held on any request for emancipation, so the court can get the information necessary to decide if the minor should be declared emancipated. Your parents will attend the hearing. Information given to 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. In some counties - like Erie County - you need to be living outside of your parent's home when you file the petition and not be taking support by them at all.  You need to show the court that you have a "plan" for supporting yourself that generally does NOT include public assistance.  You also should include how you intend on continuing with school, etc.  Legal help is a plus.  Good luck.


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