How Does a Minor Get Emancipated in Iowa?

Full question:

My 16 year old granddaughter is being treated bad at home, she is not allowed to be with the rest of the family she wants to get emancipation.

• Category: Minors
• Subcategory: Emancipation of Minor
• Date: 04/07/2025
• State: Iowa

Answer:

Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. A child who is being supported by a relative is generally not considered emancipated, the child needs to be able to live independently and be self-sufficient. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/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. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts.

Title VI, Subtitle 6, Chapter 252, Section 16 states, “An emancipated minor is one who is absent from the minor's parents with the consent of the parents, is self-supporting, and has assumed a new relationship inconsistent with being a part of the family of the parents.” However, this statute concerns state support of poor individuals. Iowa does not have statutes by which a minor could become emancipated. Emancipation law in Iowa is based on case law.

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.

Criteria for determining whether a decree declaring emancipation is in the minor's best interest vary among the states. However, common criteria include the minors' ability to support themselves financially, either currently or in the future; the minors are currently living apart from their parents or have made adequate arrangements for future housing; the minors can adequately make decisions for themselves; the minors are attending school or have already received a diploma; and the minors exhibit sufficient maturity to function as adults. Upon achieving emancipation, the minor thereby assumes the rights, privileges, and duties of adulthood before actually reaching the "age of majority" (adulthood). At that point, the minor's parents are no longer responsible for that child and, also, have no claim to the minor's earnings. During the court proceedings and before granting emancipation, the court considers, primarily, the best interests and level of maturity of the minor and confirms that the minor is able to financially support him or herself.