Children Divorcing Their Parents

MinorEmancipation

Children Divorcing Their Parents

When a child grows up in a loving, caring home where top priority is nurturing them to adulthood, the temptations to run away are few.

Yet, families filled with parental tirades – screaming, fighting, and cursing – often leave a child with trauma and fear that produce emotional and physical scars for a lifetime. Some scars can never be erased.

Within the United States, children are given the right to petition a judicial court to release them from the control of their parents or guardians. Emancipation of minors is a law that frees a minor child from the responsibility of their parent or guardian.

In the eyes of an abused child, separating from an abusive environment provides a safety net. For some, separation creates an opportunity to advance in education and workforce opportunities.

Although emancipation of minor cases typically isn’t granted, children seeking asylum from their home life are placed into foster care for a period of time until abuse allegations are investigated. These laws vary from state to state Minors may seek emancipation through children law centers. If granted parents and guardians no longer have responsibility to provide for the child. For more information on emancipation of minors read the Wikipedia article titled Emancipation of Minors.

Ariel Winter, the 14-year-old start of Modern Family television show, brought the law to public view. Winter petitioned a court to remove her from the alleged physical and emotional abuse of her mother.

The girl was placed in temporary guardianship and the judge ordered her mother to stay 100 feet from the popular star. Winter’s older sister had been placed in foster care as well, and never returned to the family home. To ready more about Winter’s court ruling read the Huffington Post article titled Ariel Winter Abuse Allegations: “Modern Family’ Start Removed From Home After Parental Abuse Claims.

In most states, the age for emancipation from parents is 16-years-old. Teenagers qualify for the emancipation law based on reasons such as they are legally married; parents or guardians forbid them to live in their home; the minor’s money has been stolen by the parent or guardian; and the parent or guardian is physically and sexually abusive.

A judge will not grant emancipation unless the teenager can take care of himself or herself. As a result, an alternative to emancipation from a parent is to seek school counseling or talk with a trusted adult Another option is to stay with a relative or friend. If the minor is in an abusive situation emancipated youth cannot receive aid from the area Child Protective Services.

Share!