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Vermont Probate Division

Emancipation


Orleans Superior Court

Emancipation and Miscellaneous Forms
          To file (start) a case you must complete the           forms packet with an * next to the form name.
Frequently Asked Questions
expand  Are you required to give the names and address of parents of custodians if known?
expand  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.
 
   
 
expand  How does a child become emancipated?
expand  How long do you need to be a Resident of Vermont in order to petition for Emancipation?
To petition for Emancipation the minor must be a resident of the State of Vermont for a period of at least three (3) months.
   
 
expand  Is there any requirements in order to be emancipated?
expand  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 affect the residency of the minor for school purposes.
 
   
 
expand  What are the legal prerequisites to emancipation?
expand  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.
 
   
 
expand  What do I need to do to start the emancipation process?
expand  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.
 
   
 
expand  What is the Vermont Statute for Emancipation?
expand  Who is responsible to prove that I am eligible to be emancipated?
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.