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Vermont Probate Court
Frequently Asked Questions About Emancipation
Disclaimer:
The Court is not able to give you legal advice. The information listed below is only meant to generally answer some common questions. This information is in no way intended to advise you or to substitute for consulting an attorney. For detailed help with any of these subjects we strongly urge you to contact an attorney.
What does it mean to be "emancipated"?
Until a minor becomes an adult at age 18, he or she is legally "incapable" of making contracts, or taking other legal actions. A minor is legally subject to the control of his or her parents. Emancipation changes this limitation and allows the child to make contracts and live independently of the control of parents.
How does a child become emancipated?
The Probate Court may grant a decree of emancipation after notice to the parents and a hearing. To file a petition for emancipation, contact the Probate Court or go to the form link on the emancipation web page to get an emancipation petition and instruction sheet.
What are the legal prerequisites to emancipation?
In order for the Court to approve a petition for emancipation the Court must be convinced that the minor: (1) is sixteen years or older but still under the age of majority; (2) has lived separately from the parents or guardian for at least three months; (3) is not receiving government assistance; (4) is financially and personally self sufficient; (5) is working toward or already possessing a high school degree or equivalent; (6) is not under legal guardianship or in the legal custody of the commissioner of social and rehabilitative services; (7) is not under the supervision or in the custody of the commissioner of corrections. 12 VSA § 7151(b)
Does emancipation mean the minor can do all the things adults can do?
No. Any legal requirement that has and age specific restrictions (drinking age, voting age, etc.) are still effective to limit the actions of the emancipated minor. On the other hand, the minor may make contracts (rental leases, etc.) as any adult.
What are the reasons that people become emancipated?
People have many different reasons for becoming emancipated. Some choose emancipation because they no longer have contact with their parents and feel that they are capable of living on their own. Others become emancipated because they are working and want the freedom to enter into their own contracts and manage their own money. However, emancipation is a major legal step and should be entered into only after serious consideration and examination of alternatives.
What are the disadvantages to emancipation?
Becoming emancipated is like turning 18. You are considered an adult who is responsible for your own care, support, liabilities, and contractual obligations. While still an unemancipated minor you are protected from certain legal actions against you, such as enforcement of contracts. Also, as an unemancipated minor others are responsible for your care and support. Once you become emancipated these protections disappear. Emancipation may affect the tax status that the minor may have as being a "dependant" of another and emancipation may also effect the residency of the minor for school purposes.
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