Emancipationof a Minor

What does emancipation mean?
"Emancipation of a minor” generally refers to the process of freeing a minor (person under age 18) from parental control. It means that the parent is no longer legally responsible for the acts of the child. It can allow the child to set up his/her own living arrangement. The term may also refer to freeing the earnings/income of a child from the control of a parent.

In at least one case, the court said that emancipation can be either partial or complete. “Complete” means the parents are no longer legally responsible for the child. Partial emancipation means that child is emancipated only for:

for a certain period of time or
for some special purpose (such as the right to earn and spend his/her own wages) or
from a part of a parent's rights (such as the right to make decisions about a pregnancy).

Before July 1973, the age a person reached majority (or became emancipated) in Maryland was 21. As of July 1973, the law lowered the age of majority to 18. It is very likely that the number of minors seeking emancipation who are capable of living on their own has been significantly reduced. Minors under the age of 18 are more likely to need the support and protection of an adult. Therefore, there is a greater reason to look at other solutions. See Common Problems and Possible Solutions for Minors and Parents.

How does emancipation occur?
There are four general ways in which a minor may be emancipated (completely or partially).

#1 - A minor reaches the age of majority. In Maryland, this is age 18.

#2 - Certain situations occur, such as marriage or entering the military occur. In these situations, it usually does not make sense to say that a parent must still support a minor and have control over his/her actions. Members of the military are subject to government control. A husband and wife generally have a duty to support his/her spouse. There are limitations. See the sections on marriage and military service.

#3 - Misconduct by a parent. "Parental abuse, neglect or failure to support" or other misconduct are key factors that a court might consider in an emancipation action. For example, in a 1943 case, a son was considered emancipated by the court as the result of his father's "intemperate and brutal treatment". It is critical to note that the decision was based on the facts of the case. In this case the son was self-supporting, had left the parental home and was 18 at the time. (Before July 1973 the age of majority was 21). Lucas v. Maryland Drydock Co, 182 Md. 54 (1943)

#4 - A parent (formally or informally) agrees to give up (some/or all of his/her) parental control. For example, A parent might consent to allowing a child to establish a separate household. Or a parent may force the minor to leave and support him/herself.

What is the age of majority?
As of July 1, 1973 in Maryland, a person age 18 or older is considered an adult with all the legal capacity, rights, powers, privileges, duties, liabilities and responsibilities of an adult. Md. Ann. Code Art. 1§24(a)

What does the law say about emancipation?
This is a "gray" area of the law in Maryland. In many areas of the law, there are clear rules that say

who may petition the court,

what types of relief (solutions) you can ask for

and what procedures need to be followed.

The “law” on emancipation in Maryland is not clear-cut. There is no written statute or court rule that sets out a procedure for emancipation.

The lack of a special procedure means that judges often must rely upon something called “common law”. Common law is the compiled history of what other judges in the past have said and what the common “practice” has been. Practically speaking, this means that there is no routine self-help court form that can be filed by someone representing him/herself.

The bottom line is that there is no easy answer to the question of what the law says about emancipation. It depends on:

Who you are (parent or child) and
Your goals – the situation you are trying to address.

Read all the questions and answers in this section to get a fuller picture of what your choices are. This is a gray area of the law in Maryland.

What have judges said?
The first thing to remember is that the judges are looking at only the facts of the case before them. The more the facts of your situation resemble the facts in a case that has already been decided, the more likely the case will apply to you.

Some courts analyze other court decisions to help them decide the right path. This helps you to research similar situations and to see what legal issues a judge might look for. You will notice that the judge sometimes looks at cases decided in other states. Where the written law in Maryland is unclear, a judge may sometimes look at what other judges in other states have said. Note: However, looking at the court decisions in other states to decide if they apply is best left to judges and attorneys. It is not easy for people representing themselves to do.

In one important case on emancipation, the court summarized past Maryland court decisions in this area. Holly v. Maryland Auto Insurance Fund (29 Md. App. 498 (1975)).

What needs to be proven?
The actual facts of each individual situation must be considered carefully. Each case will be looked at on its own merits. The factors that can be considered include such situations as:

A parent has abandoned the minor
A parent mistreats a child
A parent no longer wishes to have control over the child and is willing to relinquish his/her rights and obligations to the minor
A minor is self-supporting

What is your goal (and why does it matter)?
Your goal matters because there may be different solutions to your problem depending on whether you are a parent or a child and what you are trying to achieve. For example:

Are you a minor living away from your parents who are receiving public benefits on your behalf?
Are you a child seeking independence from your parent(s)?
Are you a minor trying to receive welfare or other help from social services?
Are you a parent who wants to give your child the power to make his/her own decisions such as where to live?
Are you a parent who wishes to end your support obligation?
Are you a parent who does not want to be responsible for your child’s actions?

Maryland sets certain ages as a qualification for certain activities. Before these ages, a minor does not have the right to engage in the activity. After that age parental consent may be required. It varies by activity.

What choices do I have?
First – Look to see if there is a clearly established procedure that might resolve the problem. Look at some of the common situations and potential solutions facing parents or minors. Also look at the answers on emancipation to certain situations, such as pregnancy or working.

Second – Can a mediator help to come up with an agreement between parent and child?

Last – If you have tried the choices listed above and neither addresses your situation, you can try to go to court. The outcome may not be clear due to the lack of clarity in the law itself. You will need an attorney to help you. There are no self-help legal forms. (Finding an attorney)

Is it necessary to go to court for a minor to be "emancipated"?
No - There are situations in which a parent and child agree that a child may live in a certain way that other parents might forbid. There are many situations in which a child is "emancipated" without obtaining approval from the court. Through an agreement (formal or informal) between parent and child, the minor may be effectively partially or completely "emancipated".

For example, a minor may move out of the parent's house be self supporting and manage his / her own affairs. There may be an actual agreement. Or the parent may simply not contest the situation and not demand that the child return home. In other situations, the parent may ask the minor to leave and to support him/herself. Or a parent may require a minor to pay room and board. In all of these situations, the minor can be "emancipated," even without court action.

When do the courts become involved? The courts become involved when there is the need for formal action. In some situations, there may be no need for court action. There may be situations in which a neutral third party such as a mediator can help broker an agreement. (Finding a mediator)

There may be other situations in which the parent and/or child may want to seek court approval of their agreement. As we described in other answers, the legal procedure is not clear cut and, therefore, it can be difficult to pursue. You certainly will need the help of an attorney. See more discussion under the answer to "Must a parent agree to emancipation?"

In the parental abuse and neglect cases, the juvenile court will be involved.

Which court has jurisdiction (or where do I go)?
The question of jurisdiction is partly the question of which court has the power to hear and decide a certain type of case. In Maryland the Circuit Court has jurisdiction over emancipation cases. In Baltimore City, Baltimore County, Montgomery County, Anne Arundel County, and Prince Georges County, the Circuit Courts maintain a Family Division which specifically handles family law and emancipation cases.

Can a minor go to court on his/her own to be emancipated?

In Maryland, this is one answer that is relatively clear despite the lack of specific emancipation procedures. A minor generally does not have the right to take unilateral (by him/herself) action to start an emancipation action. Only a few states provide a procedure for a minor to file for emancipation. Maryland does not.

Since there is no particular procedure to begin emancipation, it usually happens due to:

some action by the parent (such as abuse or neglect), or
by the minor with the permission of the parent (such as marriage).

The courts have said that the factual question of whether emancipation has occurred must be answered on a case by case basis. It is the job of the Judge or Jury in each case to decide whether emancipation has occurred. (Holly v. Maryland Auto Ins. Fund. 349 A. 2d 670, 675 (1975))

There are other ways in which a minor might be emancipated in some way, such as marriage, joining the military or neglect or abuse by a parent.

Must a parent agree?

The short answer is - usually, a parent must agree. There is an exception if there is parental misconduct or a child turns 18. The emancipation of a child cannot be the result of any act of the child alone. The court has held that a child may be emancipated either through;

the abandonment or mistreatment of a child by the parent, or
if the parent voluntarily gives up their parental rights. (Holly v. Maryland Auto Ins. Fund. 349 A. 2d 670, 675 (1975))

Source: Maryland State Law Library Date last legal review 9/15/08 (PLL/M.A.J.)

Emancipation of a Minor