Destiny Lopez
Name of Professor
Name of Class
13 January 2019
Outline
I. Introduction
a. Manifestations of Emancipation
b. Thesis Statement: If parents fail to meet the needs of children, the children ought to be empowered to enter into legal contracts and fulfill the fundamental needs.
II. The significance of Emancipation of the Minor
Ambiguities in the presence of step-parents or guardians
Comparing emancipated children’s rights over non-emancipated children
Legal Constraints for Children
Common Reasons for seeking emancipation
III. Empowerment of the Children as an Adult
a. Independence
i. Liberty to exercise will
ii. Freedom from abuse and acquisition of responsibility
iii. Contractual Obligations
b. Legal responsibilities
IV. Conclusion
Emancipation is one of the primary ventures among other options which are also exercised by the government. The emancipation of minors is a significant legal matter that casts prominent impact in their life.
Emancipation of Minors
Children under 18 are essentially deemed incompetent to enter to proceed with critical legal and personal affairs. It is a universal truth. However, law and judicial system also recognize the aspect which is manifested in the emancipation of minors. Emancipation has the potential to override these assumptions. The emancipated child is privileged and permitted to make a certain decision without the intervention or mandatory consent of the parents. In literal terms, it is a legal framework that allows the minor to become independent from the supervision of guardians or parents. The parents are also relieved from the responsibility of looking after their children. It is a legal framework of paramount significance. If parents fail to meet the needs of children, the children ought to be empowered to enter into legal contracts and fulfill the fundamental needs.
To begin with, the emancipation of the minors appears as a trivial matter. The manifestation of the matter becomes complex in specific circumstances. There exist several intricate cases where ambiguity dominates the efficiency, applicability, and consequences of emancipation ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Azf1kFbM","properties":{"formattedCitation":"(Interactive)","plainCitation":"(Interactive)","noteIndex":0},"citationItems":[{"id":1841,"uris":["http://zotero.org/users/local/H8YOvGFC/items/R3F7VI9A"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/R3F7VI9A"],"itemData":{"id":1841,"type":"webpage","title":"Family Law Self-Help Center - Emancipation of a Minor","abstract":"The Family Law Self Help Center's mission is to increase informed access to the legal system by providing education, information, legal forms, community referrals, and other support services to self-represented parties with family law matters in Clark County, Nevada.","URL":"http://www.familylawselfhelpcenter.org/self-help/other-topics/emancipation-of-a-minor","language":"en","author":[{"family":"Interactive","given":"Proof"}],"accessed":{"date-parts":[["2019",1,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Interactive). The process of Emancipation itself is a court procedure that involves allotting minors or teenagers legal independence from their guardians or parents, and subsequently awarded civil rights typical to that of adults except in cases prescribed by emancipation laws. These exceptions can vary from state to state and may involve rights such as being able to consume alcohol or vote. Step parents or step guardians, for instance, have to face distinct legal doctrines. The statutes observed in different states have imposed several obligations on the step-parents. Despite the complex circumstances, emancipation rightfully terminated all these statues ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"5rRkzbZ7","properties":{"formattedCitation":"({\\i{}Emancipation of Minors | Emancipation of Minors | PALawHELP.Org - Your Online Guide to Legal Information and Legal Services in Pennsylvania})","plainCitation":"(Emancipation of Minors | Emancipation of Minors | PALawHELP.Org - Your Online Guide to Legal Information and Legal Services in Pennsylvania)","noteIndex":0},"citationItems":[{"id":1843,"uris":["http://zotero.org/users/local/H8YOvGFC/items/G9D5UJ7Y"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/G9D5UJ7Y"],"itemData":{"id":1843,"type":"webpage","title":"Emancipation of Minors | Emancipation of Minors | PALawHELP.org - Your Online Guide to Legal Information and Legal Services in Pennsylvania","URL":"https://www.palawhelp.org/resource/emancipation-of-minors","accessed":{"date-parts":[["2019",1,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Emancipation of Minors | Emancipation of Minors | PALawHELP.Org - Your Online Guide to Legal Information and Legal Services in Pennsylvania). There exist legal constraints which must be observed by children to enter be liable for the acquisition of emancipation in true letter and spirits.
Legal guardians or parents are legally responsible for their children that have still to reach the age of maturity. The age of maturity can vary among states but is typically 18-19. Until that age, parents are required to provide food, shelter, and clothing, and decide which school their children will go to, where they will live and opt for the medical care they need. However, in the case of emancipation, the child's guardian or parent does not have the authority to make these decisions for the child. An emancipated minor is given the right to retain any earnings they may have, make the decision regarding where to live or what kind of medical treatment to receive CITATION Vic10 \l 1033 (Bowden and Greenberg). Additionally, many of these rights can vary among states, but rights common to most states involve the right to enter into contracts that are legally binding, such as apartment rentals, real estate purchases, enrollment into school, applications for work permit, ability to be sued or sue, choices with regards to birth control or abortion. Furthermore, states place certain constraints on these given rights, which may include constraints on the right to quit school, marry without parental consent, obtain a driver’s license, purchase or drink alcohol or to vote.
In addition, the sanction of emancipation is often a daunting task. The narrowness and subjectivity of the best interest cause the complexity in its nature. A wide range of cases pertains to the grant of emancipation because of either being a victim of abuse or being dissatisfied with the rules and roles of parents and guardians ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"03l4ii22","properties":{"formattedCitation":"({\\i{}Child Emancipation | Children\\uc0\\u8217{}s Rights Council})","plainCitation":"(Child Emancipation | Children’s Rights Council)","noteIndex":0},"citationItems":[{"id":1847,"uris":["http://zotero.org/users/local/H8YOvGFC/items/PTA9SMEQ"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/PTA9SMEQ"],"itemData":{"id":1847,"type":"post-weblog","title":"Child Emancipation | Children's Rights Council","URL":"https://www.crckids.org/child-support/child-emancipation/","language":"en-US","accessed":{"date-parts":[["2019",1,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Child Emancipation | Children’s Rights Council). All these instances reflect the significance of critical elements. The ramifications of the emancipation of the minor contribute towards the establishment of their life. In other words, an immature child steps into adult life to profoundly confront the adversities of life. Such sublime is the manifestation of the emancipation of the children under 18. It essentially empowers the children to become independent and start a new life. The following criterion is necessary to observe for the acquisition of emancipation ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"OfvqgmGW","properties":{"formattedCitation":"(Miller et al.)","plainCitation":"(Miller et al.)","noteIndex":0},"citationItems":[{"id":1853,"uris":["http://zotero.org/users/local/H8YOvGFC/items/R9LCH7YB"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/R9LCH7YB"],"itemData":{"id":1853,"type":"book","title":"Emancipation of Minors","publisher":"VDM Publishing","URL":"https://books.google.com.pk/books?id=xP9RYgEACAAJ","ISBN":"978-613-3-87980-5","author":[{"family":"Miller","given":"F. P."},{"family":"Vandome","given":"A. F."},{"family":"John","given":"M. B."}],"issued":{"date-parts":[["2010"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Miller et al.). The minor ought to be at least sixteen years old, a resident of the state and other aspects are considered by the judge.
Among the most common reasons for emancipating children is child abuse; however, there are a range of other aims and motives for children to attain adult rights and responsibilities. Among those reasons is to allow children to work longer hours. For instance, producers and directors employ child actors who require to be present for extended periods of time, but child labor laws prevent them from doing so. Some minors may wish to work for high salary jobs that may involve heavier workloads, and to retain their income from work. Another reason is parental separation or relationship issues that may be affecting the lives of their children. Thus, minors can seek emancipation instead of being part of prolonged custody battles, which may help settle the proceedings. Emancipation may also be justified by minors if they wish to marry before the age of 18. Although the age of consent too varies among states, but there are certain laws within each state that have laws regarding statutory rape and restrictions in marriage to a minor by a person of a certain older age. Thus, emancipation will allow minors to bypass these restrictions and enter into a civil partnership with the other person. Furthermore, a minor who is enrolled in military service may seek emancipation in order to fulfill the requirements of service. Other reasons for emancipation include abandonment of parents' homes if they are not physically or financially caring, abusing the minor or his or her siblings, left home, or unable to fulfill their parental obligations. Economic independence is yet another prominent reason for minors to seek emancipation as it would allow them to retain their income. This occurs in cases when minors earn more than their parents or express concern about misuse or mismanagement of their earnings by the parent.
Moreover, it is noteworthy to present a critical appraisal of the subject. There are potential reasons that urge a young person to seek emancipation. At times, the minor is wealthy and requires emancipation solely for the purpose of the tax and financial implications ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"IPzHpddJ","properties":{"formattedCitation":"(Staff)","plainCitation":"(Staff)","noteIndex":0},"citationItems":[{"id":1851,"uris":["http://zotero.org/users/local/H8YOvGFC/items/9XS9VKE4"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/9XS9VKE4"],"itemData":{"id":1851,"type":"webpage","title":"Emancipation of Minors","container-title":"LII / Legal Information Institute","abstract":"All states have laws dealing with the \"emancipation\" of minors; that is, laws that specify when and under what conditions children become independent of their parents for important legal purposes. A complete reference to statutory provisions for all 50 states, pertaining to termination of parental rights, age of majority or emancipation itself, can be found in the [[wex:table_emancipation|LII State Law pages]].","URL":"https://www.law.cornell.edu/wex/emancipation_of_minors","language":"en","author":[{"family":"Staff","given":"L. I. I."}],"issued":{"date-parts":[["2007",8,6]]},"accessed":{"date-parts":[["2019",1,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Staff). Some young people are emotionally or physically abused. Thus, they desire to get alienated from their parents, guardians or home. Emancipation is one of the primary ventures among other options which are also exercised by the government. It also enhances the significance of the practice and occurrence of the emancipation of the minor in comparison to the other procedures. The emancipation of minors also obligates the children to assume several responsibilities in the society. It completely changes the outlook of their life.
In most states, minors are protected by law from contractual obligations, unless they are emancipated or if they have a certain liability under tort law. In tort, minors have liabilities except in the case that the activity which violates tort laws are not related to some contractual enforcement. Conversely, minors hold the same adult rights and responsibilities, under tort or otherwise, if they are emancipated. In law, the act of emancipation is understood to be freeing a person from the bounds or controls of another. When minors legally get married after they have crossed the age of 18, they are considered emancipated from their parents, or if they are serving on active duty within the United States armed forces. Parents thus do not have control over the affairs of their children when they are emancipated and thus, by law, are also not legally mandated to pay for any damages under tort if their minor causes harm to someone else’s properties (Miller).
The rights that minors attain from emancipation also come with legal responsibilities. Any minor who has been emancipated will hence be liable for contractual obligations should they be breached after entering into them with another party, with no regard to the consideration that they were out of necessity or not. Many states allow emancipation to minors upon marriage but dictate certain restrictions and requirements that they have to comply with in order to do so. A court approval or parental consent is thus needed at a certain age for minors seeking emancipation through marriage. For instance, the state of California dictates that a minor must be accompanied by a legal guardian or parent, be 14 years old at least, and appear before a court of law CITATION Kat19 \l 1033 (Michon). However, in certain cases, parents are still required by law to continue financially supporting their children or adult offspring through payments. There could be different reasons that a court may order so despite the fact that the child has attained emancipation. For instance, a divorce agreement between the parents that includes clauses and terms mandating one or both parents to financially support their child for a certain time period after adulthood, that the court may accept and order the obligation to be subsequently fulfilled, in spite of the minor being already emancipated CITATION Deb18 \l 1033 (Washington). If an adult child has special needs that prevent them from taking adequate care of themselves, then a court may also order parents to financially or physically support their children.
To conclude, the emancipation of minors is a significant legal matter that casts prominent impact in their life. It is not only an imperative legal process but also necessitates the young emancipated persons to perform several duties.
Works Cited
Bowden, Vicky R and Cindy Smith Greenberg. Children and their families : the continuum of care. 2nd. Philadelphia: Lippincott Williams & Wilkins, 2010.
ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Child Emancipation | Children’s Rights Council. https://www.crckids.org/child-support/child-emancipation/. Accessed 4 Jan. 2019.
Emancipation of Minors | Emancipation of Minors | PALawHELP.Org - Your Online Guide to Legal Information and Legal Services in Pennsylvania. https://www.palawhelp.org/resource/emancipation-of-minors. Accessed 4 Jan. 2019.
Interactive, Proof. Family Law Self-Help Center - Emancipation of a Minor. http://www.familylawselfhelpcenter.org/self-help/other-topics/emancipation-of-a-minor. Accessed 4 Jan. 2019.
Michon, Kathleen. Emancipation of Minors The ins and outs of minor emancipation -- what it means and how it can be obtained. 2019. 13 January 2019. <https://www.nolo.com/legal-encyclopedia/emancipation-of-minors-32237.html>.
Miller, F. P., et al. Emancipation of Minors. VDM Publishing, 2010.
Staff, L. I. I. “Emancipation of Minors.” LII / Legal Information Institute, 6 Aug. 2007, https://www.law.cornell.edu/wex/emancipation_of_minors.
Washington, Debrina. Emancipation and Child Support. 11 July 2018. 13 January 2019. <https://www.verywellfamily.com/emancipation-and-child-support-payments-2997977>.
