Emancipation of a minor is a legal process that grants an underage child some or all of the rights of an adult. In Alabama, a person becomes automatically emancipated upon turning 19, the age of majority, or through a court order, which may be issued under limited circumstances.
Upon emancipation, the young person becomes independent of their parents for legal purposes. For example, emancipation eliminates the parents’ child support obligations.
At Leigh Daniel Family Law in Huntsville, Alabama, our skilled attorneys can help if you are a minor seeking to exercise your emancipation rights or the parent of a child seeking emancipation. We have over 20 years of experience handling cases in family court for people facing major life changes. Our law firm focuses on helping our clients seek positive change.
Call for a consultation about with a knowledgeable lawyer about how we can help you: (256) 692-1275!
What Are the Requirements for Emancipation of a Minor in Alabama?
Alabama emancipation laws allow the courts to grant emancipation if the minor is at least 18 years old and:
- A parent or guardian petitions the court.
- The minor’s parents are deceased, and the minor has no legal guardian.
- The minor’s parents or guardians have abandoned the child for a year or more.
- The minor’s parents or guardians are mentally incompetent.
When a petition is filed under any of the scenarios above, Alabama law provides that the court may grant emancipation based on the best interests of the minor.
An emancipated minor may enter into contracts, buy and sell real estate, sue others, and generally perform all acts that he or she could lawfully do if 19 years of age.
The parents of an emancipated minor no longer have legal obligations to their child, including no further responsibility to pay child support nor liability for the misdeeds of an emancipated child.
The Emancipation Process in Alabama
Leigh Daniel Family Law
can help you file a petition for emancipation if you or your child qualifies. The petition must be filed in the county where the parent or guardian lives or where the child lives if there is no living parent or guardian.
We can make sure an emancipation petition is complete and submitted properly so it is heard in a timely fashion.
After a petition for a court order has been filed, a notice alerting relevant parties, such as parents and legal guardians, must be published in a local newspaper, on the newspaper’s website, and on a statewide website for legal notices. These parties have the right to file objections, if they have any.
When a hearing is set, the parties to the petition have the opportunity to present evidence for or against granting emancipation. Evidence for emancipation might include testimony or records of the parents’ or guardians’ death, abandonment by the parent or guardian, or adjudication of the parent as mentally incompetent, warranting emancipation.
In all dependency and termination of parental rights proceedings in Alabama, the court must appoint a guardian ad litem for the underage child involved in the proceedings. The guardian ad litem is to meet with the child, explain the process ahead, and protect the child’s best interests by advocating for them in court, as necessary.
Common Reasons for Seeking Emancipation
In addition to having lost their parents or guardians due to abandonment, death, or mental illness, an 18-year-old might seek emancipation due to:
- Marriage
- Service in the armed forces
- Being self-supporting and living on their own student aid
- Domestic abuse.
In such cases, the petition would state the minor’s status and the petitioner would present corroborating evidence in court to persuade the judge that emancipation was in their best interest.
Talk to an Experienced Alabama Emancipation Attorney
Alabama emancipation laws allow minor-age children to seek emancipation for a few limited reasons between their 18th and 19th birthdays. As you plan a petition seeking emancipation or to respond to your child’s emancipation demands, let a compassionate Huntsville emancipation attorney advise you and guide you through the process.
Our goal at Leigh Daniel Family Law is to help our clients focus on the future and pursue positive changes in their lives. Contact us today to schedule a free 30-minute initial consultation.
