Full question:
I am 16, but will be turning 17 December 23. My parents are divorced and I live with my dad, but my parents have 50/50 custody. If I wanted to emancipate myself would I have to have both parents to sign for it or jus one parent? And if I only need 1 parent would it have to be my dad?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Louisiana
Answer:
In Louisiana, if you want to petition for emancipation, you generally need consent from both parents if they are alive. However, if your parents are divorced and you live with one parent, you only need the consent of the parent with custody (La. Civ. Code Art. 3992). If one parent is absent or unable to consent, the other parent's consent is sufficient.
If you are seeking emancipation due to issues like mistreatment or lack of support, you may not need parental consent at all. In such cases, the court will notify the parents to explain why you should not be emancipated.
Once you file your petition, a judge will review it to determine if you have valid reasons for emancipation and if you can manage your own affairs. If the judge agrees, they will grant you emancipation, allowing you to act as an adult legally (La. Civ. Code Art. 3993).
Regardless of the outcome, you will be responsible for any costs incurred during the process (La. Civ. Code Art. 3994).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.