Usiel Phoenix

NYRA Conference
8/7/2010

Guide to Emancipation
What is Emancipation?
• Emancipation
o Is the act of removing some or all of the disabilities of minority from a specific minor.
o Exists only on the state level and might not carry over to other states.
o Does not affect age based restrictions like drinking, driving, or voting age.
• Emancipation may grant
o Termination of guardianship
o The ability to consent to medical treatment
o The right to enroll in school of your choice
o The ability to sign binding contract
o The right to own property
o The right to marry
o The right to represent yourself in court
o The ability to file an independent FAFSA
• Methods of achieving emancipation
o Court order
o Parental contract
o Marriage
o Active military duty
Is Emancipation for You?
• Emancipation does not protect from all ageism.
• Finding a job/place to stay may be difficult.
• The court can reject your petition even if you are found capable of supporting yourself.
• Going to court as a minor is dangerous.
Process of Emancipation
• Live independently for several months
• Acquire vital documents
• File petition
o Contact Juvenile Court
o Have names/addresses for subpoenas
o Bring cash/checkbook for filing fees
• Meet with Guardian ad Litem
• Meet with/be investigated by social worker
• Attend hearing
Independence
• Do not leave home without parental consent/acquiescence
• If your parents are abusive, seek placement in foster care first
• Find Rooming
o Rent a room in a shared house
o Search on Craigslist
• Find Employment
o Good places to start are:

Retail stores

Cafés
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 Usiel Phoenix
NYRA Conference
8/7/2010

Diners

Movie theaters

Any restaurant that doesn’t serve alcohol

Make sure to obey employment laws/get work permits
• Set yourself up
o Open bank account
o Enroll in health insurance
o Get own cell phone plan
o Get HS degree/GED

If still in school, keep grades up
o Make your relationship with your parents presentable
• Take responsibility for your own status
o Research local laws
o Practice “full disclosure” to protect your adult friends
Preparation
• Research local law
o Read state code

Justia.com

Michie.com

Official state website
• Find legal representation
o Call pro bono institutes
• Practice your story
o You’ve thrived while living independently

Still have things to be gained by emancipation
o Do not complain about nonabusive parents

Accusing parents of abuse may land you in foster care
Roles
• Court Clerks
o Keepers of court records
o File petitions, manage case files
o Not directly involved in your case
• Guardians ad Litem
o Represent those unable to represent themselves
o Work for the state, not for you
o Definition of your “best interests” may not match your own
o Impress them by:

Actively participating in case

Behaving professionally

Explaining why you need emancipation
• Social Workers
• Will investigate you
o Interviews with friends, family, colleagues

Prep them in advance
o Unannounced visits

Keep things clean and conservative at all times

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 Usiel Phoenix
NYRA Conference
8/7/2010

• File official report with findings and recommendation

• Impress them by
o Being honest
o Showing them you are independent and responsible
o Mentioning your goals
• Judge
o Not met with before hearing
o Review reports, ask questions, give final decision
o Impress them by

Being respectful

Being prepared

Observing courtroom etiquette
• Do not interrupt
• Stand up when speaking/spoken to
• Address judge as “Your Honor”
Planning
• Plan for all possible outcomes
• Monitor court’s position by requesting to view your case file
• You can
o Withdraw your petition
o Attempt a different method of emancipation
o Move to a different jurisdiction and try again
Personal Advice
• Self advocacy
o Be unstoppable
o Treat yourself as you would treat a client
• Don’t sacrifice yourself for youth rights
o Say what you must to free yourself
o You will have later opportunities to speak on youth rights
o The movement wants you to be free
After Emancipation
• Stay vigilant; your work is not done
• Research local laws of all relevant states when travelling
• Carry ID/proof of emancipation at all times