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What is the differance between a notarial emancipation and a judicial emancipation?

What is the differance between a notarial emancipation and a judicial emancipation?

Q: Does emancipation require both parents?

In Louisiana, notarial emancipation requires the consent of a parent or tutor, while judicial emancipation can proceed without parental consent if the petition is based on ill treatment or refusal to support. Therefore, emancipation does not always require both parents' involvement, depending on the method used.

Q: Do emancipated minors get money from the government?

Emancipated minors may not qualify for certain government assistance programs that are available to minors living with their parents. Once emancipated, they are considered independent and must support themselves financially. However, they may still qualify for some programs based on their income and circumstances.

Full question:

What is the differance between a notarial emancipation and a judicial emancipation? Are they both equally effective in releasing the parent from civil libility?

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

Answer:

The following iare LA statutes:

Art. 366. Emancipation by notarial act

The minor, although not married, may be emancipated by his father or, upon the death of the father, by his mother or, in the event of divorce or separation from bed and board, by the natural tutor or cotutors acting jointly, when he shall have arrived at the full age of fifteen years.

This emancipation takes place by the declaration to that effect of the father, the mother, or both, before a notary public in the presence of two witnesses.

JUDICIAL EMANCIPATION

Art. 3991. Petition; court where proceeding brought

The petition of a minor for judicial emancipation sha

Art. 3992. Consent of parent or tutor

The petition of the minor shall be accompanied by a written consent to the emancipation and a specific declaration that the minor is fully capable of managing his own affairs, by the following:

(1) The father and mother if both are alive, or the survivor if one is dead. If either parent is absent or unable to act, the consent of the other parent alone is necessary. If the parents are judicially separated or divorced, and the custody of the minor has been awarded by judgment to one of the parents, the consent of that parent alone is necessary. A surviving parent is not required to qualify as natural tutor in order to give such consent, nor is the appointment of a special tutor necessary.

If the petition is filed on the ground of ill treatment, refusal to support, or corrupt examples, parental consent is unnecessary, but the parents or the surviving parent shall be cited to show cause why the minor should not be emancipated.

(2) The tutor of the minor if one has been appointed. If a tutor of his property and a tutor of his person have been appointed for the minor, the consent of both is necessary. If no tutor has been appointed, or if the tutor has died, resigned, or been removed, and there is no surviving parent who is able to act, a special tutor shall be appointed. If the tutor or special tutor refuses to give his consent, he may be cited to show cause why the minor should not be emancipated.ll be filed in the district court in the parish of his domicile, and shall set forth the reasons why he desires to be emancipated and the value of his property, if any.

Please see the forms at the following links:

http://www.uslegalforms.com/la/LA-5237.htm
http://www.uslegalforms.com/la/LA-738-M.htm

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.

FAQs

What is the easiest way to get emancipated?

The easiest way to get emancipated in Louisiana is through notarial emancipation. A minor who is at least fifteen years old can be emancipated by a parent or tutor through a declaration made before a notary public and two witnesses. This process is generally quicker and less formal than judicial emancipation, which requires filing a petition in court.

What are the downsides of being emancipated?

Emancipated minors may face several downsides, including the loss of parental support and guidance. They are responsible for managing their own finances, housing, and healthcare. Additionally, some benefits, like certain government assistance programs, may no longer be available to them. It's important to consider these factors before pursuing emancipation.

What are the three types of emancipation?

In Louisiana, the two main types of emancipation are notarial and judicial. Notarial emancipation involves a declaration before a notary, while judicial emancipation requires filing a petition in district court. There is also a third, less common type called 'emancipation by operation of law,' which occurs automatically under certain conditions, such as marriage.

What are the three ways a child under the age of 18 may become emancipated?

A child under 18 in Louisiana can become emancipated through notarial emancipation, where a parent or tutor declares it before a notary; judicial emancipation, where the minor petitions the court; or by operation of law, which can occur automatically through marriage or military service. Each method has specific requirements and processes.