District of Columbia Petition for Termination of Guardianship due to Emancipation of Minor

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Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand.


Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. For example, a parent might consent to allowing a child to establish a separate household. In other cases, a parent may force the minor to leave and support him/herself. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts. State laws on emancipation vary, so local laws should be consulted for specific requirements in your area.


Sometimes the emancipation of a child ends the obligation of a divorced parent to pay child support. When a child reaches the age of emancipation, the duty of a parent for child support often ends. However, the age of emancipation varies by state. Also, a parent may be obligated to support a child for a longer period, such as through college, under a divorce decree. Emancipation will not relieve a parent from obligations to pay past due child support amounts.


Requirements for emancipation vary by state.

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FAQ

Either parent can file a motion to modify child support, asking the court to increase, decrease, suspend (stop for a period of time) or terminate (end altogether) the child support order.

Statutes vary considerably from state to state, but under common law, most states allow for the possibility of court-reviewed emancipation. No fixed age of emancipation exists, yet a minor is presumed to become emancipated upon reaching the age of majority. In most states, the age of majority is 18.

Generally, the minimum age at which a minor can petition a court for emancipation is 16.

Emancipation is a legal process that gives a person who is 16 or 17 years of age legal independence from his/her parent(s) or guardian (legally declared an adult). Where can I find the Emancipation of Minors Statue? It is under Revised Code of Washington (RCW) 13.64.

In general, minors who are married, on active duty status in the military, or living separately from their parents or legal guardians and independently managing their own financial affairs are considered emancipated.

Except as limited pursuant to section 21-2044, a general guardian or a limited guardian of an incapacitated individual is responsible for care, custody, and control of the ward, but is not personally liable to third persons by reason of that responsibility for acts of the ward.

?(a)(1) On petition of the guardian, the court, after a hearing, may accept a resignation of a guardian. ?(2) The court may remove a temporary guardian at any time. ?(F) For any other good cause.? Section 6(b) of D.C. Law 17-100 provided that the act shall expire after 225 days of its having taken effect.

Emancipation or ?age of majority? means that the child has come of age and capable of self-support as determined under state law. In the District of Columbia, that generally occurs when a child reaches 18 years of age, but shall not affect any common-law or statutory right to child support up to an age of 21.

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District of Columbia Petition for Termination of Guardianship due to Emancipation of Minor