What does emancipation mean?
For many purposes, an emancipated minor is considered an adult. An emancipated minor is no longer under the care, custody or control of a parent. Emancipation allows a minor to make medical, financial and housing decisions. An emancipated minor can do many things without his or her parent’s consent, such as sign leases, apply for public benefits, register for school, and apply for a driver’s license. Emancipation also means that the minor’s parents are no longer obligated to provide financial support. Under most circumstances, emancipation means that a parent is no longer required to pay court-ordered child support.
What are the ways to become emancipated?
There are four (4) ways to become emancipated under Georgia law:
- When a minor is legally married, the minor is automatically considered emancipated.
- When a minor turn 18 years of age, the minor is automatically considered emancipated.
- When a minor is on active duty in the U.S. military, the minor is automatically considered emancipated
- A minor can file a petition in the Juvenile Court asking for a court order stating that he or she is emancipated.
Are there rights that a court-emancipated minor does not have?
An emancipated minor does not have the right to vote, purchase alcohol, or do other things that the law limits to older people for health and safety reasons.
Who can be emancipated by a Juvenile Court Order?
- Minors who are at least 16 years old and less than 18 years old may apply for emancipation in Juvenile Court. The minor must be a Georgia resident.
How does a minor prove that the emancipation should be granted?
The minors must be able to show:
- That the minor’s parents or guardians do not object to emancipation. If they do object, then the minor must show that the emancipation is in his or her best interests.
- That the minor has the ability to manage his or her own financial affairs. This includes having proof of employment or other means of support (not public assistance).
- That the minor has the ability to manage his or her own personal and social affairs. This includes having proof of a place to live.That the minor understands his or her rights and responsibilities after emancipation.
The minor must list any adults who have personal knowledge of the minor’s situation and who believe that emancipation is in the best interest of the minor. The court will contact these adults and seek a sworn statement from the adults describing why the adult believes the minor should be emancipated. Some examples of adults the minor might list are:
- A doctor or nurse
- A psychologist, counselor or therapist
- A social worker or school guidance counselor
- A school administrator, principal or teacher
- A clergy member
- A law enforcement officer
- An attorney
Anyone involved in the emancipation case can ask the court to assign an employee or appoint a guardian ad litem to investigate and make a recommendation as to whether emancipation is in the best interest of the minor. The court can also appoint an attorney for the minor and appoint an attorney for the parents or guardian if they are indigent and oppose the petition.
Can a minor obtain Juvenile Court emancipation without informing his or her parents or guardians?
No. All living parents (or guardians) must be notified of the minor’s request for emancipation. The minor must list each parent’s (or guardian’s) name and last known address. Sometimes the minor’s parents (or guardians) are no longer living or cannot be found. In this case, the minor must list the name and address of the nearest living Georgia relative.
Where should a petition for emancipation be filed?
The petition should be filed in the Juvenile Court in the county where the minor lives.
Can the parents or guardian object to a petition for emancipation?
Yes. If a parent or guardian objects to the emancipation, the adult should attend all hearings. Plus the parent or guardian who objects must file a formal, written answer with the Juvenile Court within thirty (30) days of being served. A listed adult also has the right to file an objection to the emancipation. If the parents or guardian cannot afford an attorney, then the court may appoint an attorney to represent them.
Can an emancipated minor reverse the process?
Yes, an emancipated minor may ask the court to have its emancipation reversed. This is called a petition for rescission. The court will reverse the emancipation for one of the following reasons:
- the minor is indigent and has no means of support;
- the minor and the parents or guardian agree that the emancipation be rescinded; or
- the minor has resumed a family relationship with his or her parents or guardian that is not consistent with the original emancipation.
A rescinded emancipation does not allow the minor to avoid obligations (like debts) made during the time he or she was emancipated.
SOURCE: Atlanta Legal Aid
As a Cobb County divorce and child custody attorney, I see all too often that the parents going through a divorce or custody fight forget how the divorce affects their children. The American Academy of Matrimonial Lawyers publishes the following article on its website:
CHILDREN’S BILL OF RIGHTS
WHEN PARENTS ARE NOT TOGETHER
Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn’t forget — and kids shouldn’t let them — when the family is in the midst of a break-up.
You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn’t feel guilty about wanting to see your dad or your mom at any time. It’s important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents.
You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can’t work it out, a judge may make the decision for them.
You’re entitled to all the feelings you’re having. Don’t be embarrassed by what you’re feeling. It is scary when your parents break up, and you’re allowed to be scared. Or angry. Or sad. Or whatever.
You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone — either your other parent or a trusted adult like a teacher.
You don’t belong in the middle of your parents’ break-up. Sometimes your parents may get so caught up in their own problems that they forget that you’re just a kid, and that you can’t handle their adult worries. If they start putting you in the middle of their dispute, remind them that it’s their fight, not yours.
Grandparents, aunts, uncles and cousins are still part of your life. Even if you’re living with one parent, you can still see relatives on your other parent’s side. You’ll always be a part of their lives, even if your parents aren’t together anymore.
You have the right to be a child. Kids shouldn’t worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest.
IT IS NOT YOUR FAULT AND DON’T BLAME YOURSELF.
SOURCE: American Academy of Matrimonial Lawyers
One of the most frequently searched issues on my Georgia Family Law Blog is the following question:
Q. At what age can children be left at home alone?
The answer appears in a brochure prepared by the Cobb County Department of Family and Children Services Child Protective Services, which appears on the Cobb County Schools website:
A. While there is no law that constitutes Lack of Supervision, Georgia policy states children 8 and under should not be left alone. Children 9 to 12 can be left alone for up to two hours or less. Children 13 and above can be left alone and act as a caretaker (babysitter) for younger children. This depends on the child’s level of maturity (limit of twelve hours).
SOURCE: Cobb County Schools
The question of "What gets custody of the kids?" is one of the most difficult and often the most emotionally draining both for parents and their children, when spouses divorce. Custody and visitation are the legal terms in court ordered determinations of which parent the child lives with and the conditions for the child to visit the other parent. Custody and visitation are never considered to be final. In Georgia, the law does not favor either the mother or father. Rather, they look to the relationship of each parent with the child. While grandparents and others may seek custody, there is a presumption in favor of the natural parents. This section is designed to give you a general knowledge of the issues involved in determining the parties custody and visitation rights.
When should you have an attorney?
In the event that you have a highly volatile, hostile or contested custody issue you should seek out a lawyer to represent you. Additionally, if the other parent is using the services of an attorney, it is advisable that you also have an attorney.
Jurisdiction is the imaginary fence that separates the subjects one court hears from another. There are two types of jurisdiction: personal and subject matter. The court must have both types of jurisdiction to hear a case. Personal jurisdiction, the power to require a person to appear in court, is discussed in the Service of Process section of this Web site. To have jurisdiction over your specific custody or visitation case the court will require one of the following: [Georgia has statutory guidelines for determing custody].
- Georgia is the home state of the child (lives in state, goes to school in state) and the parent has sufficient contact with the state (works, votes, lives, pays taxes in Georgia).
- Georgia was the child’s home state within the last six months and the parent filing for custody continues to live in Georgia and the child is absent from the state because another person took them out of Georgia claiming custody.
- The child and at least one of the parents have significant connection with Georgia (live, work, go to school here) and in Georgia there are more records and witnesses to give evidence of the child’s present or future care, protection, training and personal relationships.
- The child is physically present in Georgia and was abandoned or emergency protection is necessary (the child was threatened or subjected to abuse or neglect).
- No other state would have jurisdiction based on 1,2,3, or 4 above.
- Another state says Georgia has jurisdiction.
- Child was removed from Georgia and the Uniform Child Custody Jurisdiction Act does not apply and no other state has jurisdiction, then Georgia will have jurisdiction if:
- Georgia was where the married couple lived, paid taxes, voted, etc., but the parents are now currently separated or divorced or Georgia was where the marriage contract was last performed.
- One parent is a resident of Georgia and was a resident when the child was removed.
- Court has personal jurisdiction over the parent who has removed the child.
The Uniform Child Custody Jurisdiction Act (UCCJA) has been adopted by Georgia, as well as the other 49 states. This act gives jurisdiction for custody cases to the location that is most closely associated with the child. Within Georgia, the Circuit Court has jurisdiction to hear child custody cases. That court has the power to override any agreement if they believe the agreement is not in the best interest of the child.