Please direct questions to the comments section below.
Let’s face it—many adults make terrible parents. Sometimes, a teenager would be better off without the harmful, toxic involvement of his or her parents. Emancipation can be one answer to the problem. In Minnesota, “emancipation” means that a minor has the same legal rights and Minor obligations as an eighteen-year-old adult. It can also be “partial, conditional … or limited as to time or purpose.” Sonnenberg v. County of Hennepin, 99 N.W.2d 444, 447-48 (Minn. 1959).
The parents of emancipated children are released of their legal duty to financially support their children. Emancipated minors are still subject to the law based on their age (i.e. they cannot buy alcohol or cigarettes, must be off the streets by curfew, are not able to vote and will be considered truant if they don’t attend school), however, emancipation allows them to function independently in an economic sense (i.e. sign a lease for an apartment, get credit). MN statutes recognize several rights for emancipated children, including:
- an emancipated minor may forego immunization because of religious belief (Minn. Stat. § 121A.15, subd. 3(d))
- an emancipated minor is allowed to own a passenger auto or truck (Minn. Stat. § 168.101, subd. 1)
- a legally emancipated minor is eligible for General Assistance (Minn. Stat. § 256D.05, subd. 1(a)(10))
- an existing guardianship may be discharged upon a showing that the child is emancipated (Minn. Stat. § 260C.328)
Minnesota law does not provide a distinct process for minors to become emancipated from their parents. However, a court can use its discretion to declare that a child is emancipated by applying certain factors, but there is no way to predict how a court will rule on the issue. The law is complicated in this area because it seeks to protect both the parents and the children. Emancipation can be expected to occur:
- by reaching the age of eighteen,
- by lawful marriage (Lundstrom v. Mample 285 N.W. 83 (Minn. 1939)),
- by implied or express parental consent (In re Fiihr 184 N.W.2d 22 (Minn. 1971)), or
- by court order.
Emancipation is often a complicated and confusing process, and there may be other legal options that may be more effective for your situation.
Other Options Besides Emancipation
Children in Need of Protective Services (CHIPS)
For a child age sixteen or older who is the subject of a “child in need of protective services” petition, the Juvenile Court may authorize an independent living situation for the child that is the equivalent of emancipation. Minn. Stat. § 260C.201, subd. 1(a)(5). Alternatively, if the child wants to be parented in another home, an adult from a home can go to court for an order giving them custody of the child. The other alternative is foster care. Ultimately, the court will decide which supervision is appropriate.
- More information on child abuse and CHIPS
Delegation of Parental Authority (DOPA)
There is a DOPA form that can be filled to pass on parental authority to another party.
Order for Protection (OFP)
For emotionally, physically, or sexually abused individuals, an OFP can be filed with a court by the victim or a third party at no charge. You will get a hearing before a judge, and he will decide, based on testimony and evidence, the appropriate course of action. In an OFP hearing, the judge will not necessarily give you what you ask, but will decide what is appropriate from his own discretion.
A letter stating emancipation
Some problems (e.g., getting a lease for an apartment) may be resolved by a statement by your parent saying that you are emancipated or a letter from a lawyer which contains the legal conclusion that you should be considered emancipated.
Other Minnesota Emancipation Resources
Steps to Seek Emancipation
If you decide emancipation is the best option for you, the process is to complete legal forms, which are commonly known as “emancipation papers” or “emancipation forms,” and file them with the court. Then the court will hold a hearing, where the person seeking emancipation attends. On average, court and attorney fees total $3,000. If parents contest the emancipation petition, the fees will be higher.
If you are considering emancipation, you are encouraged to contact an emancipation lawyer like attorney James Garlough:
- James@garloughlaw.com
- 651-222-9440
If you have other questions concerning emancipation, feel free to submit them through the comments section below.
How to Get Other Help
Often, you need more than help from the courts. You need to talk with someone experienced with your problems or you need to find safety. Here are some additional resources to get help outside of the court system:
- Minneapolis Police | Child Abuse Resource
- Focus Adolescent Services
- CornerHouse Minnesota | Child Abuse Evaluation and Training Center
May 7, 2013 3:56 pm
I am 16 years old and I am really wanting to go through court to get away from my family, I want as little paper work for me and I just want to get somewhere where I would feel more happier and I wouldn’t be scared of what I say will piss off my dad. I have hated them for as long as I know, not just cause they kept the fact I was adopted from me till I was about 6 and that they keep lying to me about it but also because they are never supportive for what I want to do and I have no freedom and I have to pay for anything I want and they favor my brother and I just want to get away, they neglect me to.
April 2, 2013 11:56 pm
I was wondering if someone could get a restraining order on someone who didn’t do anything. My mom wants one on my boyfriend because she thinks he’s abusive. He isn’t. He treats me with respect. what should I do..? I want to run away but I don’t want to be called in as one. and I was hoping that this would be a good resort for me. my boyfriends dad would let me love there with him. I have friends that will take me in. I just want and need to know if it’s a good resort to get emancipated.
March 20, 2013 1:20 am
Hi i’m almost 16 i’m pregnant and expecting in September. I want to be on my own with my boyfriend but my mom won’t allow that. She isn’t really the supportive one and acts like I have to be a single mom. Is it even possible for me to get emancipated?
March 9, 2013 3:42 am
Hello, I am 16 years old. My parents are divorced. I reside with my mother. My father and I no longer communicate.. we have never had the best relationship. I don’t have much of a relationship with either of my parents. Although, I have been verbally and physically abused on numerous occasions, by both parents. I am getting good grades in school, and I am planning on getting a job this coming summer. I am known to be respectful, smart, and simply just a “good hearted kid” by many of my peers at school, in the community, etc. I struggle with depression, I have for years. I feel miserable coming home to face my mother. Yes, she puts food on the table, has a job, pays the bills, and puts a roof over my head. I’ve realized that there is still something missing. That “something” is love and attention. I am not being listened to, we often argue, sometimes things even get physical. Throughout my life I have been from counselor to counselor. I have a social worker who sides with my mother and her personal opinion. Nothing has improved. I continue to struggle. My mother is very “two-faced” and tends to pull the “poor me” act. But, behind closed doors things are MUCH different. I DO have others who support me, and have faith in me with this situation. I am exhausted, sick of the counselors, sick of the social workers. Enough is enough. Would it even be worth while to pursue emancipation? Any advice would be helpful. Thank you.
February 28, 2013 12:54 am
I’m 16, and I currently life with both parents, and I want to know what are the steps basically. I sort of know how to do it, but something’s are confusing me. I can’t stand living with both parents. They fight to much, and my dad mentality abuses me, they don’t support my choices, nor do they help me financially very much.
February 26, 2013 6:44 pm
I am 17 years old and have a child 6 month old child. The mother of the child is moving to colorado with her family and taking the child with her. I want to avoid all of the custody battles and stuff of that sort to make her stay here with my child. as a matter of fact i want to move with her and the child. Her mother has agreed to let me come and so has my mother but my father says no. I do not live with my father anymore but he says the only way i am going is by running away or getting emancipated. What would i have to do to get emancipated? and how much would such a thing cost? Many have told me since im 17 and have a child that im concidered an adult and i can just go whether he likes it or not. Is that true? Im seeking answers. Please help.Its a matter of losing my kid…..
February 25, 2013 1:45 am
I’ve hated my parents for the longest time. One of them has OCD and I can’t handle living with them anymore. Im thinking of committing suicide or running away. I want to live on my own. I’m 17 and want to know what I should and can and cant do about this.
February 5, 2013 1:49 pm
Hello I’m Alexis and I have had a fulltime job ever since i turned 14. I buy my school supplies, clothes, toiletries, groceries, pay for my car insurance, phone bill, and have a 3.9 GPA in school. I am 5 months away from 18. is it possible for me to be emancipated without my mother’s consent?
January 12, 2013 6:09 pm
I am 16 and I am looking for a way out. I would really appreciate some more info on “CHIPS” “DOPA” and “OFP”. I don’t exactly want emancipate myself and live entirely on my own, but I do want to get away from my mother.
-Than you!
January 4, 2013 8:30 pm
So if my parents write a letter saying that they allow me to be emancipated, what do I do next? Is there any way that they would have to give me money? To be emancipated, would I have to be able to financially take care of myself such as insurance?
January 3, 2013 8:28 pm
I would seriously love so more information on this, I’m really am interested, thank you!
December 19, 2012 11:24 pm
Im 15 year old white male I live in minnesota. What are the steps i need to perform to become emancipated?
November 27, 2012 5:48 pm
I am a 16 year old male and i wish to be in a place of my own how do i go about doing an Emancipation Laws ? Email me at gmail.com
November 2, 2012 11:34 pm
hi im a 17 year old male im trying to help my girl friend who is 15 turning 16 in june she has had a job before and basiclly supportted her self living with her mom she had just moved to her dads in minnisota and she feels mentaly abused becuase she told me her mom told her that she was raped and beat by her dad but took no legal action about she has been living in fear the past couple of weeks and i have talked to her dad about this but he wont let her leave i have told him she is not happy there she is scared and depressed she calls me crying saying she needs a way out even if it means killing herself but none of us want that i really want to help her but cant get her back home without taking legal action thanks for reading and plz contact me
November 2, 2012 11:33 pm
hi im a 17 year old male im trying to help my girl friend who is 15 turning 16 in june she has had a job before and basiclly supportted her self living with her mom she had just moved to her dads in minnisota and she feels mentaly abused becuase she told me her mom told her that she was raped and beat by her dad but took no legal action about she has been living in fear the past couple of weeks and i have talked to her dad about this but he wont let her leave i have told him she is not happy there she is scared and depressed she calls me crying saying she needs a way out even if it means killing herself but none of us want that i really want to help her but cant get her back home without taking legal action i really want to help her and this is the only opption
November 2, 2012 10:58 pm
hi im a 17 year old male im trying to help my girl friend who is 15 turning 16 in june she has had a job before and basiclly supportted her self living with her mom she had just moved to her dads in minnisota and she feels mentaly abused becuase she told me her mom told her that she was raped and beat by her dad but took no legal action about she has been living in fear the past couple of weeks and i have talked to her dad about this but he wont let her leave i have told him she is not happy there she is scared and depressed she calls me crying saying she needs a way out even if it means killing herself but none of us want that i really want to help her but cant get her back home without taking legal action
October 25, 2012 6:48 pm
hi Im 17 years old and a mpther to two baby boys. I live with my mother but want to get my own place should i be able to get emancipated?
October 18, 2012 12:55 am
Hello there, my name’s Amenda and lately I’ve been researching on emancipation. I live with my ‘father’, one who is equally abusive and quite destructive. I am only 16 years old and already he has been telling not only me but my younger siblings that he does not want us and so, I was wondering if emancipation could be an option for me. I am tired of fearing when they day will come when he abuses me again and I’d like to support myself. True I do no yet have a job but I am looking for one. I plan on moving out when I turn 17 so I just want a few pointers on my situation on whether or not it’s a good idea to take this route. Thank you, further questions please email me!
September 26, 2012 11:22 pm
Okay. Im 15 going on 16. ill be 16 in january. I want to get emanctipated, obviously. Im in foster care with a family member but i have safety concerns but there is nothing being done about it. My grandparents (the recently foster parents) They dont even get guardianship until 6 months from September 28th, 2012. I am a very responsible young adult. When i lived with my real mother, i had a job and i paid bills and helped her do her taxs. I’ve taken classes for living on your own, ect. I just need help reaching my goal. Please help me. Id prefer to be contacted by email. Thanks You.
-Katelyn Barrett
September 20, 2012 7:42 pm
Aaron..
Im 16 & Im Trying To Get Emancipated. My Parent ( Mother )
Said She’ll Sign The Papers To Giving Up Rights Over Me.
I Need To Know In What Ways Do I Move Forward To Pursue This. At The Moment Im Looking For A Job To Save Money As Well As Get Money So i Will Be Able To Pay The Fees As Well As The Additional Fees When Dealing With Emancipation. At 15 I Was Brought To JDC For Being Accused Of Running Away. Instead The Case Was I Was Continously Kicked, And Locked Out Of My Home By My Mother & My Siblings. Ive Dealt With Abuse From My Mother In The Course Of My Age 15. i Never Had Any Criminal Crimes Against Me. Id Be Very Blessed If You Could Take The Time Out To Read My Story & Feel Like Hearing More.. I Really Wanna Venture On My Own Me & My Mother Believe Its Best As Well As That Im Capable Of Doing It.
I Would Like To Learn Alot About Emancipation And How To Move Forward With It. If You Can Please Email Me Further Information & Advice.
Email : Afrikadrummond@gmail.com
Thank You
September 10, 2012 2:49 am
So basically I’m 15 but I will be turning 16 in January. I feel as I am able to live on my own and not with my parents. I have a job, a savings accout in my bank and saving money at the momment…I am wondering if you could help. I really feel that I can live on my own. I Really need the freedom. I don’t know how hard it is to be emansipated but I’m willing to try my hardest.
August 4, 2012 6:00 am
my name’s cornovis iam currently 16, i’ve been trying to get the requirments to be emancipated but its been hard and my mother kicked me out cause of it and iam living with a friend. my mother wouldnt give give me my info so i had someone from out of state bring me a copy of my s.s card so i can get a job. this would really help out cause i have son or daughter coming dec or jan, but i need help with the whole process cause iam being held back cause my mother. also its just going to get harding cause school starts on the in less then a month for me and i’d like to get this done before that i got a place to stay and working on a job now.
August 2, 2012 5:55 pm
What must be done to be legally emansipated in the state of Minnesota at the age of 16 in a family that is divorced?
July 28, 2012 5:16 am
Hi, I am 17 years old and my parents and I have not been getting along at all for the past 6 months. It’s just constant fighting and I have heard my dad say that “he can’t live with me in the house” multiple times. I have a full time job and I do online high school. I feel like emancipation is my best option, because I can’t just sit here and hear all these things my parents say about me. It’s just not good for me mentally. I have a place I could live and I have also been looking at apartments and have found a few I could afford. I know this isn’t the whole story but it sums it up pretty well, so from what I have just told you, do you think emancipation is an option for me? I personally feel like it is, but you are a professional with this, so I would love to hear what you have to say. Are there a lot of steps to go through to become emancipated? Thanks!
July 18, 2012 7:52 pm
Hi, this has kind of been touched on, but wanted to ask about the DOPA. We have a 17yr old daughter that wants to move out, and we are willing to let her because of the problems being caused with her not wanting to follow our rules. She is working part time and not sure where she would move, but we would be willing to help her find a place that she can afford. How does the DOPA work and would it work in this situation?
June 24, 2012 4:42 am
Hi i am 15 years old and will be graduating next year. I would like to move out and live on my own wen i go to college. would getting emancipated be the best way?
May 29, 2012 2:00 pm
Jacob:
A lot hinges on whether your parents would consent to an emancipation or delegation of parental authority. If your parents consent, then you don’t need a judge declaring you emancipated, you can get a Delegation of Parental Authority (DOPA) form.
If they would not consent, then your only option is taking it to court. I would recommend filing a CHIPS (Child in Need of Protective Services) petition. Then, a judge will use his discretion in finding a new home for you. If you are over 16, he will consider giving you an independent living situation. If you are under 16, it may be foster care, or an alternative home. If your alternative “parents” are willing to go to court with you, there is a good chance they could be awarded parental authority. In a CHIPS case, the outcome will be at the judge’s discretion, not yours.
A safer bet is to wait until you are 16, and then start the emancipation process. This typically costs around $3,000, and the outcomes are not guaranteed. Remember, this is largely an economic decision. If the court finds that you have been providing for yourself, they may find, implicitly, that you are emancipated, and relieve your parents of their parental economic responsibility towards you.
For Emotional or physical abuse, emancipation is not the answer. In those cases, you must seek and Order for Protection or a CHIPS petition.
May 5, 2012 10:01 pm
Hi, i am 15 now, will be turning 16 in October. I have been dealing with emotional abuse due to my alcoholic mother. She has been an alcoholic my entire life and has only had one time, when i was a young child, that she was sober for approximately two years. I have always known her as an alcoholic and have been forced to take care of myself and my younger sister throughout my entire life. Recently I moved in with my father who was 8 years sober, from drug use, and he then went back to the drugs. Having no where to go, my dads landlord and close friend of mine who i had known for 6 years, took me in for approximately one year. I lived with him, his wife, and their daughter. My life finally seemed normal, but that could be kept up because they were not my legal gaurdians of course. I then moved back in with my mother, who had finally gained some sobriety. I was not happy with the move, but i soon settled in, and was becoming happy with my new life with my sober mother, but after one year she relapsed and went to jail. I am sick of dealing with all the false hopes, and the constant struggles of not knowing if my mother would soon relapse again and i no longer have my father to turn too. That is my entire situation in a nutshell. My mother is alot of trouble with the justice system, but she is sober at the moment. I don’t want to deal with these problems anymore, and since i have no other options, i would like to become emancipated. The landlord is more than willing to support me, and i also have lots o ffamily willing to support me, and i am wondering what i need to become emancipated. Can i start the process at age 15 and then become emancipated at 16. How long on average does the process take. Please help with my complicated situation!!! _thank you_
April 28, 2012 1:39 am
I have permission to get my own apartment at the age of 17, My Mom said it was okay as long as I find out what needs to be done. Is there a form she can fill out or something so that I can move out?
April 23, 2012 2:35 pm
hey. I am 16 years old with a child that is one. i have been experiencing emotional and physical abuse at my house i would like to live with my boyfriend but there is a restraining order against him. the restraining order is only for him not coming to my house. I feel like i would be better off somewhere other than my house my son would also be better off there with out all of the drama and arguein between my parents.
April 23, 2012 2:32 pm
My name is brooklynn and i am 15. I am mentally and emotionally abused by my mother and sister. My sister(19) also physically abuses me. She has even put me in the hospital. I want to be able to leave behind the drama of my family. I love them both but would feel safer being away from them. I keep up a B average in school and have a well paying job. I even have a place i could stay until i graduate from high school and know they will take care of me. I want to be emancipated as soon as possible. What would i have to do to accomplish this?
April 23, 2012 2:31 pm
Kelsey:
Emancipation does not require your mom to sign the papers. Emancipation is done by the court. I would need to know a lot more about your situation to accurately advise you on how the likelihood the court would grant your emancipation request.
As for the emotional abuse, this is very serious and you should contact a school counselor to discuss your options.
Aaron
April 23, 2012 2:31 pm
Im 16 and my parents dont like the kind of religion ive been persuing, i have a job, maintain good grades, my mother, step dad, and my brothers also verbally and harshlly emotionally abuse me how hard would it be to get emancipated? and how would i go about doing so if my mother refuses to sign the papers?
April 23, 2012 2:30 pm
I’m 16, have a job, have a place to live, and am being verbally, emotionally, as well as physically, though not daily, abused. My personal privacy is being completely violated and emotionally, I feel unsafe. How do I get the papers for emancipation?
April 23, 2012 2:29 pm
Russell:
It appears that you refused to follow the rules at home and essentially ran away from home. It also appears that you are now over 18 years old. Resolution of these issues would probably be better sought from a psychologist rather than through the legal system.
Aaron
April 23, 2012 2:29 pm
I was a arrogant out of control teenager. I took my parents car, they decided to charge me as a juvenille with grand theft auto to teach me a lesson. The court asked me what I would do if they sent me home with my parents. I told them that I would just run away, that I wanted to be on my own. That day I walked out the front doors of the courthouse on my own. Troubled and on drugs. I was never emancipated, I was 16 years old. So how does that work? Who was responsible for me?
April 23, 2012 2:28 pm
Chris:
Anyone wanting to do an emancipation should work with a lawyer. It’s not a simple process.
Aaron
April 23, 2012 2:25 pm
Hi. I’m chris. I’m 17 from Minnesota. I was wondering how hard it is to get the forms to be emancepated and what is the prossess when I get the forms
April 23, 2012 2:07 pm
My name is Alexis Gomez, and I’m thinking of being emancipated. I was born in Washington so I have my citizenship here in the USA. Since my parents are from Mexico they are planning to moving back. I do not want to loose my rights here in the USA, I would love to stay here because this is my country I was born here and I want to continue living here. Is there anyway I could be emancipated?
April 23, 2012 2:06 pm
Syd:
A restraining order is issued by a court, so the only way to have it lifted is by the court. Emancipation would not lift or alter a restraining order unless the court specifically did so.
Aaron
April 23, 2012 2:03 pm
I am 17, my parents have been mentally abusing me and I would like to be emancipated. I have 2 jobs, a place to live and money to support myself the only thing is this also has to do with my boyfriend who they placed a restraining order on. I would like to have this order taken off, if I go through the process of emancipation would I have the right to do so?
April 23, 2012 2:02 pm
Kyla:
If you are considering emancipation, you are encouraged to contact a lawyer who can analyze your circumstances. We charge $250 to analyze your circumstances and determine your rights and options. If you would like us to work for you after that point, there are additional legal fees, which we can quote after we know your circumstances. If you are at risk of physical, sexual, or emotional abuse, call 911 and ask for help.
Aaron
April 23, 2012 2:01 pm
I am wondering if I can get emacipated. My parents mentally abuse me and I have a place where I could live. I will be getting a job very soon by cna and I will be turning 16 in about 2 weeks. Can I get emacipated from my parents?
April 23, 2012 2:00 pm
Ayisha:
Your situation is not unique. Unfortunately, many children face this problem.
Emancipation would not be the best route to get tax forms. I would recommend that you speak with a financial aid officer at a college you would like to attend. That would be a free way to determine the best way to handle this. If that doesn’t work, you could ask an attorney to write a strongly worded letter, but that would cost money.
Aaron
April 23, 2012 1:59 pm
I am 18 and my mother kicked me out of the house while in highschool but I wan’t to go to college now but she is unwilling to give me her tax information, is emancipation the best way to fix this problem and to move on with my life or is there a better solution, or maybe another solution?
April 23, 2012 1:58 pm
Moriah:
No, you can’t just sign some papers to be emancipated. However, a court order could permit you to become emancipated. An attorney can analyze your situation, determine the court’s likelihood of granting emancipation, and assist you with the process.
Aaron
April 23, 2012 1:58 pm
If I want to move in with my boyfriend I have to get married to him? I’m 17 and I tried to move out but I was counted as a missing person. Cant I just sign some papers and be emancipated?