Emancipation occurs when through Court action a minor is declared independent of the control of a parent, custodian, or legal guardian prior to attaining the age of majority. Emancipation allows a minor to gain control of his or her own finances, custody, and care.

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Residence:

To petition for Emancipation the minor must be a resident of the State of Vermont for a period of at least three (3) months.

Name and Address of Parents of Custodians:

The law requires that you list the name and address of your parents if known. If the address of your parent(s) is unknown, please attach a separate sheet of paper and explain all the steps you have taken to try to locate a good address. The law requires that notice of the hearing on the emancipation be given to your parents and to any other person or agency who has custody or guardianship of your person. If a petition is pending concerning your custody, such as a petition for delinquency, unmanageability, or neglect in any Court, you must list the name of the Court and the kind of petition that has been filed.

Requirements for Emancipation:

Before the Court can make an order of emancipation it must determine that (a) you are at least 16 years old; (b) that you have lived separate from your parents, custodian, or legal guardian for three months or longer; (c) that you are managing you own financial affairs; (d) that you have demonstrated the ability to be self-sufficient in your financial affairs including proof of employment or other support ("Other support" does not include general assistance, ANFC benefits, or relying upon the financial resources of a person receiving assistance or aid); (e) that you either hold a high school diploma or that you are earning a passing grade in an educational program approved by the Court and directed toward the earning of a high school diploma or its equivalent; (f) that you are not under legal guardianship or in the custody of the Commissioner of Social and Rehabilitation Services or the Commissioner of Corrections; (g) that your emancipation is in your best interests considering such factors as whether you will be able to assume adult responsibilities, your adjustment to being on your own, the opinion of your parents, custodian or guardian, and whether the emancipation will create a risk of harm to you. You may address these factors in your petition and at the hearing. The criteria for becoming an emancipated minor are located at 12 V.S.A. § 7151(b).

Burden of Proof:

The burden is upon you to prove that you are eligible for an Order of Emancipation. If you fail to provide adequate evidence (testimony or documentary) by the conclusion of the hearing, the Court must deny your petition. At the hearing you may present witnesses who are familiar with your circumstances.

Instructions:

Please download a copy of the Emancipation Petition from the above link. Forms are also available in the Probate Court Clerk’s Office during the Court’s normal hours of operation.

The form must be completed, signed and notarized. Documentation of the evidence detailed in Requirements for Emancipation should be included with the petition. These can include but are not limited to: a copy of your high school diploma or GED certificate, school records, proof of employment, proof of residence, proof of approved source of income, and any other documentation that you feel will fulfill the evidence requirements.

Petition can be filed at the Probate Court in the Court Clerk’s Office during the Court’s normal hours of operation. There is no fee for filing a Petition for Emancipation. Please keep a copy of the Petition for your records.

Probate Forms

• Form 125

Form Packet

• Form 125(only)

Court Rules

• (none)

Vermont Statutes

• 12 VSA Sec. 7151-7159