Parent and Child - Emancipation

Emancipation is a legal occurrence by which a child acquires the freedom attached to adulthood earlier than at the statutory age. There are no set procedures by which emancipation may be accomplished. Generally, enlistment in the armed forces, marriage, or becoming self-supporting will effect emancipation. Typically, the inquiry takes place after the fact, and if the child is found to be independent of the parents, emancipation has probably occurred, and the court will be more likely to recognize this emancipation.

An agreement may be made between the parents and the child whereby the child leaves the parents' home and establishes an independent life. Once this happens, the parents relinquish the right to custody and supervision of the child. Another important meaning of emancipation is that it ends the parental obligation of support.

Another important legal consideration relates to the effect of commercial dealings of persons who, but for emancipation, would have been minors. Once a nearly absolute defense, modern law has significantly restricted the effect of minority as a legal defense to contractual obligations to third parties. Thus, an emancipated 16-year-old girl who signs a contract to buy a car cannot avoid the terms of the contract by later PLEADING that she was underage and could not legally bind herself.

The issue of emancipation has declined in importance because most states have made 18 years the age of majority. The most serious questions concerning emancipation involved the age spread from 18 to 21 years.