Emancipation of a Minor

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Partial or Complete Emancipation

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. Emancipation of a minor may also refer to freeing the earnings/income of a child from the control of a parent.

Maryland courts have said that emancipation can be either partial or complete.

  • Complete emancipation means the parents are no longer legally responsible for the child in any way.
  • Partial emancipation means that child is emancipated only for:
    • A certain period of time, or
    • A special purpose (such as the right to earn and spend his/her own wages), or
    • A part of a parent's rights (such as the right to make decisions about a pregnancy).

Read the law: Holly v. Maryland Automobile Insurance Fund, 29 Md.App.498 (Court of Special Appeals, 1975)

 

Routes to Emancipation of a Minor

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. At age 18, a person is an adult and does not need to be emancipated.
  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/wife generally have a duty to support his/her spouse. There are limitations. Read more information from The People’s Law Library 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 (Court of Appeals, 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.

 

Emancipation Procedure

This is a "gray" area of the law in Maryland. Unlike many areas of the law, there are no clear rules that say who may petition the court, what types of relief (solutions) you can request, and what procedures need to be followed. The “law” on emancipation in Maryland is not clear-cut as 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.

 

Emancipation Without Going to Court

There are situations in which a child is "emancipated" without obtaining approval from the court. However, to the extent a child's emancipation becomes a legal issue, whether a child is emancipated will really depend on the facts of a specific situation.

Read the case: Holly v. Maryland Auto Insurance Fund, 29 Md. App. 498 (Court of Special Appeals 1975)

For example, evidence of emancipation might include the facts that a minor moved out of the parent's house and was self-supporting while managing their own affairs, or that parent did not try to make the child return. It could also include an actual, express or written agreement demonstrating the intention of the parent and child that the child be emancipated. 

However, it is important to remember that a child, as a minor, is considered by the law to not be competent to enter into such an agreement. Thus, the agreement cannot be binding on the parent or the child and will not, in of itself, shield the parent from a charge of neglect, or conclusively demonstrate that the child is emancipated for legal purposes. For more information, see the section below on Making the case.

There may be other situations in which the parent and/or child may want to seek court approval of their agreement. As the legal procedure is not clear cut, it can be difficult to pursue. There are no court-approved forms. You certainly will need the help of an attorney.

 

Bringing an Emancipation Case to Court

The courts become involved when there is the need for formal action. In parental abuse and neglect cases, Child Protective Services will be involved.

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. Remember, judges are looking at only the facts of the case before them. If you are researching case law, 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. It's a good idea to consult with an attorney to help determine whether case law would apply to your situation.

 

Making the case

In Holly v. Maryland Auto Insurance Fund, 29 Md. App. 498 (1975), the court summarized past Maryland court decisions in this area. Unless the minor has turned 18, the emancipation of a child cannot be the result of any act of the child alone. Emancipation requires some action by the parent (such as abuse or neglect), or by the minor with the permission of the parent (such as marriage).  In making its decision, the court will focus on the relationship between the parent and child and the goals of the person bringing the case.

Read more about how Maryland defines child abuse and neglect by clicking here.

The minor seeking to be emancipated will need to prove facts to the court. Each case will be looked at on its own merits. Some facts that may make a court more likely to emancipate a minor are:

  • A parent has abandoned the minor.
  • A parent mistreats the 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.
  • The 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?

 

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 county Circuit Court has jurisdiction (legal authority) over emancipation cases. In Baltimore City, Baltimore County, Montgomery County, Anne Arundel County, and Prince George's County, the county Circuit Courts maintain a Family Division, which specifically handles family law and emancipation cases. If you are a minor, the Circuit Court in the county where you live will most likely have jurisdiction over your case. If you are a parent, the county where your child lives will probably have jurisdiction.

 

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. Parents or other interested parties, like social workers, can ask the court to authorize an emancipation. 

Source
Reviewed and edited by Carl F. Ehrhardt, Esq., Maryland Legal Aid
Source URL: https://www.peoples-law.org/emancipation-minor

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