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Chapter 11 Emancipation

Chapter 11 Emancipation. Emancipation . Affords majority, or adult, status to a minor Allows minor to engage in adult activity Terminates parental rights and responsibilities. Types of Emancipation. Express emancipation—occurs by written or spoken parental consent

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Chapter 11 Emancipation

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  1. Chapter 11 Emancipation

  2. Emancipation • Affords majority, or adult, status to a minor • Allows minor to engage in adult activity • Terminates parental rights and responsibilities

  3. Types of Emancipation • Express emancipation—occurs by written or spoken parental consent • Implied emancipation—unspoken parental consent • Constructive emancipation—occurs through change in child’s status

  4. Implied or Constructive Emancipation • Courts examine totality of the circumstances, including whether child is financially or emotionally dependent, where child is living, whether separation is voluntary

  5. Legal Effects of Emancipation • Emancipated minors may, among other things, sign contracts, own property, be employed, retain their earnings, marry, enlist in the military

  6. Legal Effects of Emancipation(continued) • Emancipated minors must still comply with school, child labor, marriage, and alcohol laws • Parents have no legal rights to or responsibility for their emancipated children

  7. Procedures for Emancipation • States set minimum ages • Courts require proof of independence • Courts disfavor emancipation actions as a means to avoid paying child support • Emancipation must be in the best interest of the minor • Emancipation is not permanent; parties can rescind

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