Emancipation Age
The legal age of emancipation, which is when a minor is no longer recognized as being under the care or custody of their parent, varies from state to state. While many states do not recognize emancipation at all, approximately a dozen state laws allow for either voluntary or involuntary emancipation. The process for emancipation also depends on the state, with some requiring a formal petition or hearing where the minor can access the judicial system, while some states permit parents to carry out the process by simply filing a document.
The main difference in the rules for voluntary and involuntary emancipation is the desire for independence. An individual can petition the court on their 16th birthday for emancipation (i.e., to be granted legal adulthood) in New Jersey. In Pennsylvania, a minor can petition the court for emancipation at age 18. In Massachusetts , a 16-year-old can petition the court for emancipation, but their parents have to still consent to the petition, and the court will also consider whether consent is likely to be given.
As with most state laws, there are differences in the procedure for involuntary emancipation. Parents can terminate parental authority over a child if they are an enrolled student and are living away from home. Alternatively, a state agency can petition the court to grant involuntary emancipation when the minor has been abandoned.
Obtaining emancipation does not alter the law in terms of being charged or punished by the criminal justice system as if an individual is a legal adult. Emancipated minor is considered to be an adult in most situations, but if they commit a crime and reach the age of majority, they may receive a more severe punishment.
Minor Rights by State
The specific rights of minors vary from state to state, and the circumstances surrounding moving out at age 16 make each state’s laws even more diverse. Three of the states below, West Virginia, Texas and New Jersey, have laws that will allow a minor to live independently at 16 by securing approval and legal permission from a local court.
In California, the emancipation law takes effect at age 14, allowing the minor to live outside his or her parents’ home and act as a "self-supporting adult." Other states, however, require an individual to be at least 16 years old before granting their emancipation request. If you want to leave home at 16, and resided in Florida, your options are limited. Although the state does offer emancipation through the courts like most states, its law requires that the minor be at least 17 years old before applying. Nevertheless, the law may stop being on your side if your county has a curfew for those under 18. For example, the Orlando/Orange County area enforces an 11 p.m. curfew. Florida enforces a similar curfew law, but only during the hours of midnight through 6 a.m. each night.
In Texas, one can petition a court official to change their legal status to "emancipated." One condition that the court must consider is whether at least one parent agrees with the minor’s decision to become emancipated. Other conditions stated by the law include, "The child is at least sixteen (16) years old at the time the application is made; and (2) The child is either: (a) Married; (b) manages his or her own financial affairs independent of his or her parents or legal custodian; or (c) At least fourteen (14) years of age and manages his or her own financial affairs."
As mentioned before, New Jersey’s law allowing a 16-year-old to live independently is dependent on the approval of a local court. The court shall grant permission when "the best interest and the general welfare of the minor are served." In New York, young adults between the ages of 16 and 20 are considered, for most circumstances, emancipated from their parents. However, there are a few exceptions, including the fact that an emancipation does not: Remove the obligation of family support, allow a minor to marry or enter into a domestic partner agreement or provide full right to control one’s own care, custody, property, earnings and service.
Parental Permission and Consent
Parental consent can play a significant role in the process of a minor moving out at age 16. In some specific cases, parental consent may be required by law; in others, it may simply be a good idea in order to ensure that there are no legal penalties for running away as a minor.
In most circumstances, parental consent is not required to allow a minor to leave the house and stay elsewhere for a few days, but if this is not the case, it is often very simple to get such permission. In most cases, this will likely take the form of a very simple form that simply gives permission for the minor to leave the home address and stay somewhere else for a set period of time.
Consent may also be granted by the court if the parents are not legally responsible for the minor, such as if they have been imprisoned or deemed incompetent by the courts.
For a minor who is being physically or emotionally abused, parental consent may also be temporarily unnecessary, as the law states that the minor is allowed to stay at the house of another adult for an unspecified amount of time without abandonment charges being pressed against him or her.
Again, while permission is not required by law in most cases, it is still encouraged simply so there is no room for argument later on down the road. This way, when the family never sees the minor again, it may not be assumed he or she has run away when the family does not give permission for him or her to leave.
Legal Consequences of Guardianship
When a non-emancipated minor moves out at age 16, parents and guardians of the minor may be subject to severe criminal and civil consequences. In Florida, Section 39.506 of the Florida Statutes outlines that if the parents or guardians of a minor knowingly permits a juvenile to abscond the jurisdiction or to leave the state without permission, then the parent can be found in violation of a provision of law relating to the care, protection and mental and physical health of a minor or to the jurisdiction of the juvenile or family division of the circuit court, as set forth in Section 984.151 of the Florida Statutes. Behaviors such as the alleged failure to supervise or abandonment of the minor child may also lead parents to face criminal or civil penalties. In most circumstances, when a minor leaves home and it is not known to the parents or guardians where the minor is living, the parents or guardians are considered neglecting the child. Even if the minor is no longer within the custody of the parents, the responsibility falls on them until such time as the court can be educated on the circumstances that drove the minor age 16 to move out of the house. The court may then decide to grant permission for the minor to remain outside the family home. It is vital that the court is made aware of the circumstances that caused the child to leave the home at 16. In most cases, if a minor runs away from a parent, the court will not allow the minor to remain out of custody unless there is sufficicent proof that it is necessary for the child’s safety or well-being.
Emancipation Process
Moving out when you are 16 is possible by requesting emancipation. Emancipation is the legal term for declaring a person independent from their parents and free to take responsibility for themselves. Each state has specific steps that must be taken before being officially declared an emancipated minor by a family law court. The first step to emancipation is usually petitioning the court. Parents and any other involved parties, such as the other parent if the individual is involved in a divorce proceeding, continue to have notice and involvement in the proceeding if necessary forever after the emancipation. In order to petition the court for emancipation, you need to be living away from home as an act of choice and live in a different place with near total independence from the parents or guardians. Generally, the requirements for emancipation include: If the court decides to grant emancipation to a minor, they will send a notice to the minor of their decision within a few days to a week. Emancipation is not immediate after petitioning the court; however, it is also not an extremely long process (in many cases , it generally takes just a few months). When in the middle of an emancipation proceeding, the minor is still subject to parent or guardian consent except in certain states, where a judge can prohibit or allow the parents to have contact with the minor. When the court denies the emancipation, the parents do not need to appear in court, but the denial is automatically sent to them through the court. In most cases, these selected dates are several months in the future to allow all parties time to gather evidence and information to provide to the court. One or both parents can also respond to the petition against their child, and the court will typically allow a hearing to be held where all parties can present evidence and speak. Emancipation can be expensive, time consuming, and emotionally difficult, but generally they are granted so the minor can fully pursue their independence without the constraints of living at home. Various lawyers and law offices specialize in family law, so when seeking representation, hiring one that specializes in these matters can be beneficial.
Legal Alternatives To Moving Out At 16
If leaving home at 16 is not legal, what options do you have?
There are alternatives to moving out at 16. For instance, if conflict with your parents is the issue, you might be able to live with a relative or a family friend. You would need to have permission to live elsewhere (even go to a different school) — which may mean that a family member or another adult will need to show up at your school to speak to the guidance counselor. In some cases, we can go before the Judge and ask for an Order that allows you to live elsewhere and still attend a specific school.
If you are at a point where you feel like you absolutely cannot continue to live with your parents, for whatever reason, and they are able to financially care for you, you might be able to become Emancipated. In that case, you could live separately and make your own decisions without having to go through your parents.
Resources for Young Adults
Various resources exist to support young people who either want to move out of the home, or who need help when they have already moved out. For those who are still within their parent’s home, calling the police or child protective services (CPS) may be necessary if the young person feels they are in danger or suffer from severe neglect . While parents and caregivers can provide assistance via counseling services to help the youth stay within the home, some youth may choose to go into a group home or run away if no suitable options are provided. For those who have already left, Youth Shelters can be found in all states where youth ages 12 – 21 can receive support and counseling from staff members or call a hotline.