Chapter 11 Emancipation Copyright 2007 Thomson Delmar Learning

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Chapter 11 Emancipation Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

Chapter 11 Emancipation Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

Emancipation Affords majority, or adult, status to a minor q Allows minor to engage

Emancipation Affords majority, or adult, status to a minor q Allows minor to engage in adult activity q Terminates parental rights and responsibilities q Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

Types of Emancipation Express emancipation—occurs by written or spoken parental consent q Implied emancipation—unspoken

Types of Emancipation Express emancipation—occurs by written or spoken parental consent q Implied emancipation—unspoken parental consent q Constructive emancipation—occurs through change in child’s status q Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

Implied or Constructive Emancipation q Courts examine totality of the circumstances, including whether child

Implied or Constructive Emancipation q Courts examine totality of the circumstances, including whether child is financially or emotionally dependent, where child is living, whether separation is voluntary Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

Legal Effects of Emancipation q Emancipated minors may, among other things, sign contracts, own

Legal Effects of Emancipation q Emancipated minors may, among other things, sign contracts, own property, be employed, retain their earnings, marry, enlist in the military Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

Legal Effects of Emancipation (continued) Emancipated minors must still comply with school, child labor,

Legal Effects of Emancipation (continued) Emancipated minors must still comply with school, child labor, marriage, and alcohol laws q Parents have no legal rights to or responsibility for their emancipated children q Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

Procedures for Emancipation States set minimum ages q Courts require proof of independence q

Procedures for Emancipation States set minimum ages q Courts require proof of independence q Courts disfavor emancipation actions as a means to avoid paying child support q Emancipation must be in the best interest of the minor q Emancipation is not permanent; parties can rescind q Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.