Emancipation Lawyer and Attorney
Emancipation is when a minor is released from parental control. Once Emancipated, the child is free to make all of his or her decisions without consent from his or her parents. The child’s parents are no longer responsible for providing the child with food, shelter or financial support, including child support.
There are several factors to consider in an Emancipation proceeding in Mississippi and how to be Emancipated in Mississippi including but not limited to:
- The Child must be a resident of Mississippi
- The age of the Child
- The Child must be living separate and apart from the parents or guardian
- The Child must be capable of supporting himself or herself financially and managing his or her own affairs
- Each parent or guardian must consent. Children cannot seek to divorce their parents or seek Emancipation without their parents permission. (however there are certain exceptions)
- Not a ward of the state
After a child is Emancipated he or she will still have responsibilities to take care of:
- He or she cannot purchase cigarettes or alcohol until the legal age
- He or she cannot possess firearms until the legal age
- He or she cannot vote until the age of 18
One aspect of emancipation law is receiving more litigation in recent years. If the paying parent is timely in support payments and has truly reached out to a child, but the child rejects the advances and rejects the society and companionship of the parent, the parent can file suit to terminate child support on the theory that the child has essentially emancipated himself from the paying parent. The case law sets a high standard for the granting of this relief, but nonetheless, it is one avenue of legal relief for a paying parent to consider if there is an older child who has, through no fault of the parent, completely turned away from that parent.
Emancipation sometimes referred to as “Divorcing your Parents“ or “Divorcing your Child” is a serious matter and at the Law Offices Of Attorney John R. Reeves, P.C. we understand the complex and emotional nature of Emancipation. Sometimes Emancipation is necessary; however there are alternatives to Emancipation which can be litigated.
Please contact us to arrange for a confidential consultation with an informed Mississippi Emancipation Attorney and Lawyer.