Full question:
I am 18 years of age and I live with my grandfather in Alabama. My parents passed away in a car accident when I was 7 years old and I have been living with my paternal grandfather, who has been my guardian, since then. I am an independent person and I have been doing well in school as well. I have now received an opportunity to go for a research program in California. I wish to move out of the town and therefore, I want to file for emancipation. What are the applicable legal provisions and the procedures to do the same?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Alabama
Answer:
In Alabama, minors who are 18 years, can approach the juvenile courts to decide that the minor is capable of assuming an adult’s responsibilities before attaining the age of majority. Upon emancipation, the minor can take up the duties of an adult. However, it may be done only when it is in the best interest of the minor.Ala. Code § 26-13-1 provides for the general procedures of emancipation and when it is allowed. The language of the section is as following:
“The several juvenile courts of the state are authorized to relieve minors over 18 years of age from the disabilities of nonage in the following cases and none other:
(1) Whenever the father or the mother of such minor shall file a petition with the court, in writing, requesting that such minor be relieved from the disabilities of nonage, and the court shall be satisfied that it is to the best interest of such minor. The parent filing such petition shall aver whether he or she is the guardian of such minor.
(2) Whenever any such minor, having no father, mother, or guardian, or if a parent is living but is insane or has abandoned such minor for one year, shall file a petition with the court to be relieved of the disabilities of nonage, and the court shall be satisfied that it is to the interest of such minor.
(3) Whenever any such minor, having no father or mother, or if a parent is living but is insane or has abandoned such minor for one year, but having a guardian, shall file a petition with the juvenile court to be relieved from the disabilities and the guardian shall join in such petition and the court shall be satisfied that it is to the interest of such minor.”
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