Full question:
What steps do I have to take to become emancipated from my gaurdian/custodian in the state of Colorado? What steps must be taken for a minor to become emancipated in the county of Mesa in the state of Colorado?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Colorado
Answer:
Generally, a minor will be deemed emancipated if the minor is lawfully married, has joined the military, or can otherwise prove that they are living on their own and are self supporting. It may also be possible to petition the court to grant emancipation, but this is only available in limited circumstances.
There is no statutory procedure for granting emancipation in Colorado. However, it is possible for a minor to file a petition for emancipation in the family/domestic relations court where the minor resides. A hearing will be held and the minor must demonstrate the ability to live independently and be self-supporting. The court may grant emancipation if it determines it's in the minor's best interests. It is a subjective determination made based on the facts and circumstances in each case.
From Colorado Code 19-1-103. Definitions:
"Emancipated juvenile", as used in section 19-2-511, means a juvenile over fifteen years of age and under eighteen years of age who has, with the real or apparent assent of the juvenile's parents, demonstrated independence from the juvenile's parents in matters of care, custody, and earnings. The term may include, but shall not be limited to, any such juvenile who has the sole responsibility for the juvenile's own support, who is married, or who is in the military.
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