Whether you have a child who is considering becoming emancipated, you are considering emancipation yourself, or you are simply curious about the emancipation process, it can often prove enormously beneficial to retain the services of a skilled family law attorney.
Situations in Which a Minor Need Not File for Emancipation
There are several particular situations in the state of Georgia in which minors need not file for emancipation. Youths are considered emancipated if they are legally married, over the age of 18, or during the period when they are on active duty with the armed forces. If a minor fulfills any of these requirements, he or she need not file for emancipation. Minors who do not satisfy these requirements, however, must file paperwork with the appropriate juvenile court.
When Georgia Courts Grant Emancipation
Georgia courts will only grant emancipation if they believe that it is in the best interests of the child to do so. Courts evaluate a wide variety of factors when determining whether to grant an emancipation, which include the following:
- Parents: The minor must show that the parents do not object to emancipation and if the parents do object, then the minor must show that the emancipation is in the minor’s best interests. A minor cannot obtain emancipation without obtaining permission of the minor’s parents. The minor must list each parent’s names and last known addresses when filing before the juvenile court. In the event that the minor’s parents are no longer living or unable to be located, the minor must list the best available information.
- Representatives: The names of adults including members of the clergy, teachers, or physicians who have personal knowledge of the minor’s circumstance and believe that emancipation is the best decision for the minor.
- Self-Supportive Nature: The court will analyze the youth’s demonstrated ability to manage the youth’s finances and act in a self-supporting nature.
- Social Affairs: The court will also look to whether the minor is able to handle personal and social affairs.
When the emancipation process is complete, a minor will be granted certain rights including the ability to enter into contracts, the ability to work and manage earnings, make medical decisions, obtain an apartment, file a lawsuit, and make decisions regarding the minor’s education.
Contact a Skilled Attorney
If you desire to be emancipated, you should review the above factors and start assembling the requisite information and documentation required by the juvenile court including bank records, payroll stubs, proof of activities and responsibilities, and statements or affidavits from the list of adults with personal knowledge of your maturity. While the juvenile court will ultimately make the decision that it believes is in the best interest of the child, the assistance of a seasoned and knowledgeable attorney can prove beneficial. At Vayman & Teitelbaum, P.C., our legal counsel understands how to best help minors navigate the emancipation process. Contact our firm today by visiting our firm online or calling the firm at 678-736-7700 where our legal team is available to help you immediately.