Full question:
I'm 16 years old, and I just found out that I’m pregnant. Now my mother is trying to do a lot so that I can’t talk to the baby’s father or see him. His mother wants me to live with them so that we can be good parents and not be separated. What do I have to do to get emancipated? And can I do it with out my parents approval, because the way things are going with my mother, I’m never going to be able to see him. And how long will it take?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Pennsylvania
Answer:
Emancipation is the legal process that allows a minor under 18 years old to gain adult status. In Pennsylvania, there isn't a specific emancipation statute outlining the steps to achieve this status. Instead, emancipation is determined based on the unique circumstances of each case.
Simply dropping out of school or having a job does not automatically lead to emancipation. Additionally, a court's finding of emancipation may not be permanent; it can change based on the situation. It's important to note that minors cannot seek emancipation solely to escape parental rules they dislike.
Typically, a minor may be emancipated for specific purposes, such as giving medical consent, but this does not mean they can vote or purchase alcohol. Even if emancipated for one reason, the minor may still be subject to parental support and school attendance laws.
To obtain emancipation, a minor must not only file a petition but also attend a hearing where the court will evaluate whether emancipation is appropriate. This hearing often occurs alongside other legal matters involving the minor and their parents, such as custody or support issues.
In some cases, emancipation may be granted to allow a minor to access certain benefits or services. However, if granted, this status is typically limited to that specific purpose.
Minors are automatically emancipated if they marry or join the military. Without these actions, several factors influence emancipation: whether the minor lives with their parents, whether they are financially supported by them, the intent of the parents regarding the minor's independence, and the minor's ability to support themselves.
In summary, the determination of emancipation depends on the specific facts of the situation.
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.