Emancipation Question

The exact laws and protocols for obtaining emancipation vary from state to state. In most states, the minor must file a petition with the family court in his/her jurisdiction, formally requesting emancipation and citing reasons why it is in his/her best interest to be emancipated. He/she must prove that he/she can support himself/herself financially. Many states require that the minor have been living separate from his/her parent(s)/guardian(s) for a period of time; however, that requires the consent of the parent(s)/guardian(s) in order to not classify simply as "running away".

Until an emancipation is granted by a court, a minor is still subject to the rules of their parent(s)/guardian(s).

Emancipations are rarely granted, because of the subjectiveness and narrowness of the definition of "best interest". On one end of the spectrum are minors who have been victims of abuse; in most cases, the state's department of child services is notified and the child is placed in foster care. On the other end of the spectrum are minors who are seeking emancipation for reasons such as not being pleased with their parents'/guardians' rules. In those cases, the emancipation will most likely be denied and the minor will be sent back home with the parent/guardian.

In some states, free legal aid is available to minors seeking emancipation, through children's law centers. This can be a valuable resource for children trying to create a convincing emancipation petition.

If my parents were separated but not divorced would I need both or only one of my parents concent for it?

Also, if I am not living with that parent at the time can they still sign the paper giving their approval for emancipation?