Full question:
I feel I need to emancipate myself. How will this affect my possibility of going to college? How do I qualify for state and federal aid? Is there a waiting period between emancipation and me going to college? Concerned about my future......
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Pennsylvania
Answer:
First, as a general rule:
Emancipation occurs when a minor legally achieves independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to release the minor child from the control of his or her parents and allow the minor to live on his or her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand.
Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. For example, a parent might consent to allowing a child to establish a separate household. In other cases, a parent may force the minor to leave and support him/herself. Generally, parental consent is required, except in cases of parental misconduct that causes the mnior to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts. State laws on emancipation vary, so local laws should be consulted for specific requirements in your area.
Sometimes the emancipation of a child ends the obligation of a divorced parent to pay child support. When a child reaches the age of emancipation, the duty of a parent for child support often ends. However, the age of emancipation varies by state. Also, a parent may be obligated to support a child for a longer period, such as through college, under a divorce decree. Emancipation will not relieve a parent from obligations to pay past due child support amounts.
Requirements for emancipation vary by state, but typically a minor who seeks a court order of emancipation must prove that:
1.The minor is a certain minimum age or older.
2.They willingly want to live separate and apart from their parents with the consent or acquiescence of the parents. (The parents do not object to the minor living apart from them.)
3.The minor can manage their own finances.
4.The minor has a source of income that does not come from any illegal activity.
5.Emancipation would not be contrary to the minor's best interests; it is good for them.
State laws vary, so local laws and domestic relations or family court procedures should be consulted for specific requirements. Some state statutes provide for recognizing the emancipated status of a minor granted emancipation in another state.
Second, in regard to any legal effect of emancipation upon admission to college or eligibility for financial aid:
Emancipation in and of itself ought to have no legal effect upon admission to a college or university. It may, however, have some bearing upon admission to a private college, but should have no effect upon admission to a public college or university.
The real impact of emancipation in your situation may be upon financial aid. As an emancipated minor, and in Pennsylvania the age of majority is 21, you would not look to your parents for support, so their income and assets may be excludable from your financial aid applications. A counselor at your school, or one of the websites cited in this response, may be able to give you accurate information about that.
Please see the information at the following links:
http://www.students.gov/STUGOVWebApp/Public
http://www.ed.gov/finaid/landing.jhtml
http://www.college.gov/wps/portal/?WCM_GLOBAL_CONTEXT=/wps/wcm/connect/college/college/howtopay/howtopay
http://studentaid.ed.gov/students/publications/student_guide/index.html
http://www.pdehighered.state.pa.us/higher/site/default.asp
http://www.pheaa.org/
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.
