Emancipation

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Emancipation in General

Parents are responsible for their children, and children are bound to the orders of their parents. Children are not free to make their own decisions until they reach the age of majority unless they go through a special legal proceeding known as emancipation. Emancipation laws vary by state, and Mississippi’s emancipation laws are particularly narrow, and so are Alabama's, but they are different from each other.

What is Emancipation?

Children under the age of 18 in the State of Alabama and under the age of 21 in the State of Mississippi, are legally dependent on their parents. Parents are legally responsible for taking care of their children, including by housing them, feeding them, and paying child support, as appropriate. Parents are also legally responsible for their children’s activities; for example, minors cannot typically enter legally binding contracts, file a lawsuit, or be sued in court, without their parent or guardian being a party to the legal matter or arrangement.

Children, in turn, are under the control of their parents. Parents have the final say on things like where the children live, what medical care they receive (outside of certain exceptions codified by the law), and what school they attend. Once children reach the age of 18 in Alabama (or 21 in Mississippi), they are no longer under the care and control of their parents or guardians and can legally make their own decisions.

Under certain circumstances, children under the age of majority wish to free themselves from the care and control of their parents or guardians. Often, these situations arise due to neglect or abuse perpetrated by the parents or guardians. Those children can petition for emancipation. Specific rights vary by state, but in general an emancipated minor can:

Live apart from their parents/guardians
Enter into legally binding contracts
Sue or be sued
Enroll in the school of their choice
Apply for work permits and keep their income
Make their own healthcare decisions, for example, relating to abortion and birth control

Emancipated minors lose out on certain rights, such as future child support (as do their parents). Emancipated minors typically are still unable to engage in activities legally restricted to adults, such as purchase alcohol or tobacco, get married, vote, get a driver’s license (before the age at which they would normally be eligible) or quit school.

Emancipation in Alabama

In Alabama, the age of majority (legal adulthood) is 19. Emancipation is extremely limited in Alabama. Whereas other states allow emancipation as young as 16, in Alabama children can only petition for emancipation starting at age 18. Emancipation is only available in limited circumstances and will always ultimately depend upon the court’s evaluation of the best interests of the minor. If the court decides emancipation is not in the child’s best interests (or that the specific requirements are not met) but that the parents should be stripped of parental rights, the court might, for example, appoint a legal guardian for the minor.

An 18-year-old in Alabama can petition the court to be emancipated (described by the law as relieving minors from the “disabilities of nonage”) under the following circumstances:

Either the father or mother of the minor petitions the court for the child’s emancipation
The minor has no living parent or guardian, has only a living parent or guardian that is insane, or has a parent or guardian that has abandoned the minor for at least a year
The minor has no living parent or has a living parent that is insane or has abandoned the minor for at least a year, and the minor has a guardian who files the petition for emancipation

In all cases, the court must agree that emancipation is in the best interests of the minor. The court may set restrictions on the rights of the minor even after granting emancipation, such as rights pertaining to contract.

Emancipation in Mississippi

Among all the states in the U.S., Mississippi is unique by having the highest age of majority at 21. In Mississippi, parents are required to financially support their children until age 21, but 18-year-olds in the state have many of the rights and privileges that come with adulthood.

Understanding Mississippi Emancipation

Mississippi does not have a minimum age for seeking emancipation. However, when considering an emancipation petition, the court looks closely at all the evidence the filer has provided to attest to her ability to provide for herself financially and to make productive decisions for herself. Although maturity and experience in making these kinds of decisions generally trumps chronological age, older teens tend to have more of this type of experience.

Although the age for Mississippi emancipation is officially 21, this only refers to emancipation from a parent's obligation to support their young adult financially. In Mississippi, individuals age 18 and older may vote, enter into legal contracts, take legal action against others and be sued for damages. Similarly, an individual age 18 or older who moves out of his parents’ home is not considered a runaway in Mississippi and is not legally required to return to the family home.

Mississippi does not impose a specific age requirement for minors to make their own medical decisions under most circumstances. One notable exception is abortion: In Mississippi, a minor cannot obtain an abortion without her parents’ consent to the procedure.

Pursuing Court-Ordered Emancipation in Mississippi

An adolescent can pursue Mississippi emancipation, known legally as Removal of Disability of Minority, by filing a petition for emancipation with the county court that serves the county where he resides. In this petition, the filer states the reason why he is seeking emancipation and provides supporting documents to illustrate his case. These documents can include:

Testimony from a mental healthcare professional discussing abuse-related trauma.
Financial statements showing that the filer has an income and successfully manages his own money.
Documentation showing he lives separate from his parents.
Copies of the filer’s medical records.

Automatic Emancipation in Mississippi

Petitioning for emancipation is not always necessary in Mississippi. A young adult age 18 or older who drops out of high school, voluntarily leaves her parents’ home and supports herself financially or cohabits with another individual without her parents’ approval is automatically considered emancipated and thus, not her parents’ financial responsibility.

Joining the U.S. military and getting married also automatically emancipate minors, both of which require parental consent if done before reaching the age of majority. Although an individual may enlist in the U.S. armed forces without parental consent from age 18 and up in Mississippi, marriage is a bit different.

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