In a previous article, we explored the situations in which an emancipation of a minor may occur. One such option was emancipation pursuant to a petition filed by the minor, who is at least 16 years old, with the juvenile court. There we explained the standard needed for a court to approve such emancipation. But how does a child first bring this action to the court?
As previously stated, the child must bring a petition. This petition should include the following:
- The petitioner’s full name and birthdate and the county and state where the petitioner was born;
- A certified copy of the petitioner’s birth certificate;
- The name and last known address of the petitioner’s parent, guardian, or legal custodian and if no parent, guardian, or legal custodian can be found, the name and address of the petitioner’s nearest living relative residing within the state;
- The petitioner’s present address and length of residency at that address;
- A declaration by the petitioner demonstrating the ability to manage his or her financial affairs together with any information necessary to support the declaration;
- A declaration by the petitioner demonstrating the ability to manage his or her personal and social affairs together with any information necessary to support the declaration; and
- The names of individuals who have personal knowledge of the petitioner’s circumstances and believe that under those circumstances emancipation is in the best interest of the petitioner. Such individuals may include the following:
- A licensed physician, physician assistant, or osteopath;
- A registered professional nurse or licensed practical nurse;
- A licensed psychologist;
- A licensed professional counselor, social worker, or marriage and family therapist;
- A school guidance counselor, school social worker, or psychologist;
- A school administrator, school principal, or school teacher;
- A member of the clergy;
- A law enforcement officer; or
- An attorney.
