Issues for Parents Seeking Emancipation of a Child
The law on emancipation in Maryland is not clear-cut. There are no clear rules as to who may petition the court, what types of relief (solutions) can be requested, and what procedures need to be followed.
There is no written statute or court rule that sets out a procedure for emancipation. This 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 someone can file with the court. 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.
For more information about emancipation, see this related article: Emancipation of a Minor