Emancipation in Georgia
Are you ready to be emancipated?Georgia provides for emancipation when a minor is validly married, turns 18 or is on active duty with the armed forces of the United States. Georgia also allows for a minor who doesn't meet any of these requirements to file a petition with the juvenile court of his or her county. This step shouldn't be taken lightly, it cost money, and it is rarely granted. You need to have all of your ducks in a row before you start.
Are you employed? Can you get back and forth to work without your parents's help? Can you support yourself? Do other adults consider you to be a responsible person? Do you have a bank account? Do you have a car or other means of reliable transportation? Can you get an affidavit from responsible adults attesting to your maturity and readiness to be emancipated?
Why do you want to be emancipated? It won't be enough that you don't get along with your parents. It won't be enough that you have a girlfriend or boyfriend and want to spend adult time with them.
Do you qualify to be emancipated?Georgia law requires a minor seeking emancipation to show the following:
? 15-11-202. (Effective until January 1, 2014) Requirements for minor seeking emancipation by petition
A minor seeking emancipation shall file a petition for emancipation in the juvenile court in the county where the minor resides. The petition shall be signed and verified by the minor, and shall include:
(1) The minor's full name and birth date, and the county and state where the minor was born;
(2) A certified copy of the minor's birth certificate;
(3) The name and last known address of the minor's parents or guardian, and if no parent or guardian can be found, the name and address of the minor's nearest living relative residing within this state;
(4) The minor's present address and length of residency at that address;
Do you qualify - part II?(5) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs; the minor may include any information he or she considers necessary to support the declaration;
(6) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs; the minor may include any information he or she considers necessary to support the declaration; and
(7) The names of adults who have personal knowledge of the minor's circumstances and believe that under those circumstances emancipation is in the best interest of the minor. Such individuals may include any of the following:
(A) Physician or osteopath licensed pursuant to Chapter 34 of Title 43;
(B) Registered professional nurse or licensed practical nurse licensed pursuant to Chapter 26 of Title 43;
(C) Psychologist licensed pursuant to Chapter 39 of Title 43;
(D) Professional counselor, social worker, or marriage;
Do you qualify - part III?(E) School guidance counselor, school social worker, or school psychologist;
(F) School administrator, school principal, or school teacher;
(G) Member of the clergy;
(H) Law enforcement officer; or
Do you really want to be emancipated?If you really want to be emancipated, you need to review the above factors and start assembling the information and documentation you will need to show the court. You should collect bank records, payroll stubs, proof of activities and responsibilities, statements or affidavits from the list of adults with personal knowledge of your maturity.
The court will make the decision that it thinks is in your best interest. It will be your burden to convince the judge that you are ready and able for this decision.