Emancipation of Minors

What is the emancipation of a minor? 

The term “emancipation” of a minor means the freeing of a person under the age of majority from legal obligations to parents or guardians. Likewise, parents of an emancipated child are released from legal obligations to that child and they will no longer have authority over that child. Emancipation automatically occurs when a person reaches the age of majority or when a teenager marries or enlists in the armed forces. 

Minnesota statutes do not specifically define emancipation or create a legal process by which a minor may become emancipated. However, emancipation as a legal principle has long been recognized by Minnesota courts. The courts must examine each case individually to determine whether emancipation is appropriate based upon the particular circumstances in the case. Courts have made their emancipation decisions based on factors such as: 

• the existence of a letter written by the parent to the child saying they agree that the child is on his or her own 
• the existence of a formal document drafted by an attorney 
• the parent’s action or inaction in permitting the young person to live independently 
• whether the young person has been living away from home, is self- supporting, and is not living under parental control. 

There is no guarantee that a child is emancipated until a court decides that it has occurred. In some cases, a parent believed he or she had emancipated a child and a court has decided otherwise.