Louisiana Emancipation of Child

State:
Louisiana
Control #:
LA-738-M
Format:
Word; 
Rich Text
Instant download

Understanding this form

The emancipation of child form is a legal document that allows a minor aged fifteen years or older to gain independence from their parents or guardians. This form, specifically drafted in accordance with Louisiana law (La. R.C.C. 366), grants the minor certain rights and privileges typically reserved for adults. It is distinct from other legal forms, such as simple consent forms, as it formalizes the status of emancipation, enabling the minor to make significant life choices independently.

Key parts of this document

  • Identification of the child, including the full name as per the birth certificate.
  • Names of the parents or guardians initiating the emancipation.
  • Witness confirmation to ensure the legality of the process.
  • Date and location where the emancipation is executed.
  • Notary acknowledgment to validate the document.
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When this form is needed

This form is appropriate when parents or guardians decide that a minor is ready to take on adult responsibilities and make independent decisions. Common situations include the child wanting to live on their own, enter into contracts, or make healthcare decisions without parental consent. Emancipation can also be considered in cases where the minor demonstrates maturity and financial independence.

Who needs this form

  • Parents or guardians of a minor aged fifteen years or older seeking to grant emancipation.
  • Minors who are mature enough to live independently but require legal recognition of their status.
  • Legal representatives advising families on the emancipation process.

How to complete this form

  • Identify and include the full name of the child as registered on their birth certificate.
  • Input the names of both parents or guardians and their current mailing address.
  • Specify the date on which the emancipation is taking place.
  • Find a qualified notary public to witness the signing and provide notarization.
  • Ensure that all parties (parents, child, and witnesses) sign the document in the presence of the notary.

Does this form need to be notarized?

Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.

Mistakes to watch out for

  • Not including all required signatures from both parents and witnesses.
  • Failing to notarize the document, making it legally invalid.
  • Omitting critical information like the child's birthdate or address.

Benefits of using this form online

  • Convenience of filling out and downloading the form from any location.
  • Editability allows for quick updates to personal information.
  • Access to forms developed by licensed attorneys ensures legal reliability.

Main things to remember

  • The emancipation of child form allows minors aged fifteen and older to gain legal independence.
  • Completion requires signatures from parents, the minor, and witnesses, as well as notarization.
  • This document is specifically designed for compliance with Louisiana law regarding minor emancipation.

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FAQ

In most states, that age is 18 or 19 years. However, minors may enjoy certain legal rights before reaching the age of majority. In Louisiana, the age of majority is 18 years. While 17-year-olds may be minors, they still enjoy some legal rights in Louisiana.

In Louisiana, the obligation to pay support for children usually ends when they reach 18. There are important exceptions to this rule. Your 18 year old continues to get child support if: He or she is a full-time student in a secondary school in good standing.

You can't move out without parental permission until you are 18. Q: will i get in trouble for being 18 and pregnant and my boyfriend is still 16, but i got pregnant at17? Q: Can I move to my mothers home even though she is not my legal guardian?

The parents or the minor may file a petition for emancipation. A petition is a legal document that asks the court to grant the request. The minor does not need consent from a parent or guardian to file a petition. Both the parent and minor may also file a joint petition for emancipation.

The law is at Louisiana Civil Code Art. 367. Judicial Emancipation: A court may order full or limited emancipation of a minor aged 16 or older "for good cause." The judge decides whether there is a good cause to emancipate the minor.

Emancipation does not terminate if the marriage ends in divorce. The law is at Louisiana Civil Code Art. 367. Judicial Emancipation: A court may order full or limited emancipation of a minor aged 16 or older "for good cause." The judge decides whether there is a good cause to emancipate the minor.

Child support must be paid until the child is 18 years old. According to Louisiana Revised Statute 9(C), if the child is enrolled in college, is not married and is still the custodial parent's dependant, a court can require child support to continue beyond age 18.

The parents or the minor may file a petition for emancipation. A petition is a legal document that asks the court to grant the request. The minor does not need consent from a parent or guardian to file a petition. Both the parent and minor may also file a joint petition for emancipation.

Minor emancipation laws vary by state, but most state courts charge a filing fee of between $150 and $200. You must file the petition with the court and notify your parents or legal guardians (required by most states). Then the court will schedule a hearing.

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Louisiana Emancipation of Child