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Simple English definitions for legal terms
emancipated minor
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A quick definition of emancipated minor:
An emancipated minor is a young person who has been legally freed from the control of their parents or guardians. This can happen in different ways, like if the minor gets married, joins the military, or is declared emancipated by a court. Once a minor is emancipated, they are responsible for taking care of themselves and making their own decisions. However, there are still some rules they have to follow, like not being able to sign certain contracts. Emancipation means that the minor and their parents no longer owe each other any duties, and the minor can manage their own money. Sometimes, a minor may not be automatically emancipated when they turn 18 if they are still in school or have other circumstances that justify keeping their status as a minor.
A more thorough explanation:
An emancipated minor is a young person who has been legally released from the custody and control of their parents or guardians. This means that they are no longer considered a minor and are responsible for taking care of themselves.
There are two ways a minor can become emancipated: express emancipation and implicit emancipation.
Express emancipation occurs when a court orders that a minor be emancipated. This can happen if the minor's parents agree to it, if the state determines that the parents are abusive or neglectful, or if the minor is an orphan who has reached the age of 18 or 21.
Implicit emancipation happens when a minor reaches the age of majority, gets married, leaves home or school, joins the military, is convicted of a crime as an adult, or lives with someone without their parents' permission.
Once a minor is emancipated, they are free to make their own decisions and manage their own finances. However, there are some limitations. For example, some states have laws that restrict the types of contracts that emancipated minors can enter into.
It's important to note that reaching the age of majority does not automatically emancipate a minor if there are other circumstances that justify keeping them under their parents' or guardians' care. For example, if a minor is pursuing a college education, they may not be emancipated until they finish college or turn 21, whichever comes last.
Overall, an emancipated minor is a young person who has been legally released from their parents' or guardians' control and is responsible for taking care of themselves.
- An 18-year-old who has been granted emancipation by a court because their parents were abusive.
- A 17-year-old who joins the military and becomes emancipated as a result.
- A 19-year-old who is still living with their parents but has been granted emancipation by a court so they can manage their own finances.
These examples illustrate how a minor can become emancipated through either express or implicit means. In the first example, the minor was emancipated by a court due to their parents' abusive behavior. In the second example, the minor became emancipated by joining the military. In the third example, the minor was still living with their parents but was granted emancipation by a court so they could manage their own finances.