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Chapter 11 Emancipation. Emancipation . Affords majority, or adult, status to a minor Allows minor to engage in adult activity Terminates parental rights and responsibilities. Types of Emancipation. Express emancipation—occurs by written or spoken parental consent

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emancipation
Emancipation
  • Affords majority, or adult, status to a minor
  • Allows minor to engage in adult activity
  • Terminates parental rights and responsibilities
types of emancipation
Types of Emancipation
  • Express emancipation—occurs by written or spoken parental consent
  • Implied emancipation—unspoken parental consent
  • Constructive emancipation—occurs through change in child’s status
implied or constructive emancipation
Implied or Constructive Emancipation
  • Courts examine totality of the circumstances, including whether child is financially or emotionally dependent, where child is living, whether separation is voluntary
legal effects of emancipation
Legal Effects of Emancipation
  • Emancipated minors may, among other things, sign contracts, own property, be employed, retain their earnings, marry, enlist in the military
legal effects of emancipation continued
Legal Effects of Emancipation(continued)
  • Emancipated minors must still comply with school, child labor, marriage, and alcohol laws
  • Parents have no legal rights to or responsibility for their emancipated children
procedures for emancipation
Procedures for Emancipation
  • States set minimum ages
  • Courts require proof of independence
  • Courts disfavor emancipation actions as a means to avoid paying child support
  • Emancipation must be in the best interest of the minor
  • Emancipation is not permanent; parties can rescind