Legal emancipation in the US can occur through marriage, financial independence, or military service. Financial independence is the least problematic option, but true financial independence is necessary. Child marriage can be risky and does not grant all adult rights, while military service can lead to legal emancipation.
For any number of teenagers living under strict parental guidelines, the idea of emancipation must seem like the ultimate get out of jail card. The stark reality about legal emancipation is that many may feel called, but relatively few are chosen. In the United States, a child under the age of 18 can generally be considered emancipated, no longer under parental control, for three main reasons: legal marriage, demonstrated financial independence, or military service. Other than that, most teenagers can only complain.
Of the three main options for legal emancipation, the least problematic for both parents and children is demonstrable financial independence. This is the kind of legal empowerment enjoyed by child actors, singers, models, and other professional actors. Under many child labor laws, these talented children must allow an adult to manage their financial affairs until they reach adulthood. Unfortunately, some parents have been known to take advantage of their children’s fortune and spend the income on themselves. By seeking legal emancipation, a working child can be considered an adult when it comes to contractual matters and financial dealings.
If a child can provide adequate shelter, food, clothing, and other basic needs on their own, the parents may consider an emancipation agreement. This need not be a formal legal procedure, but a family court judge may wish to examine the child’s living conditions and financial records should a legal dispute arise. The minor may also apply for a formal court order establishing his legal status as an emancipated minor. That doesn’t mean, however, that an unhappy 15-year-old can secure a job at a minimum-wage fast-food restaurant and declare herself emancipated. The key to this kind of empowerment is true financial independence, with a real need to enter into contracts before you come of age.
Another way to emancipate a child is marriage. Laws regarding the minimum age of consent vary from state to state, but it is possible for a young teenager to marry with parental consent. Once a legal marriage has been registered, the legal emancipation of a minor soon follows. This form of empowerment has been available for decades, but the number of child brides has declined in recent years. The practice was much more common when society at large encouraged girls to get married as soon as possible.
Child marriage as a form of emancipation may satisfy legal requirements, but it can be a very risky maneuver both emotionally and socially. Using marriage vows to escape an unhappy home life is not necessarily a cure, as the minor has to shoulder many responsibilities as an adult. Parents may no longer feel any financial responsibility to an emancipated teen, and job prospects may be severely limited without a high school diploma, general educational development (GED) diploma, or college degree. Emancipation through marriage may seem attractive, but it does not automatically grant the child all the rights of an adult.
Another form of emancipation involves military service. Although individual branches of the military set their own minimum age requirements and select recruits very carefully, sometimes an underage candidate slips through the net. This was a much more common occurrence during World War I and World War II, when some teenage boys might volunteer for service without much scrutiny. If a minor enlists in a recognized military program and somehow manages to be legally inducted, he could be considered legally emancipated.
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