In Louisiana, the legal process that takes away the right of an adult - usually your parents - to control you and to make decisions about your life and where you live, is called "emancipation." There are different kinds of emancipation.
If you are on the street you may think you don't need emancipation. But no matter where you live, if you have property or money that your parents are spending on themselves or others, you need legal control to use it for yourself now, or to protect it for your future.
Also, without emancipation you can't hold other people to agreements with you; can't make contracts yourself (sign a lease, buy a car); can't control where you want to live; can't control your own medical treatment. Even if you are living on your own now, on the street or with others who help you, without emancipation you and your property may be legally controlled by others. With emancipation, you have most of the rights of any adult (the law still puts some conditions your power to give away or sell your property, and to bind yourself for too much money in a contract).
You can get emancipated by:
May parents agree to emancipate me, but they don't have the money to pay a lawyer. What does the paper have to say to be legal?
For emancipation by "notarial act," a simple written statement by your parents is enough. The statement has to be notarized, and have 2 competent witnesses. The following is a sample form that could be used. The notary may have another form, or you could do one yourself. No special words are required.
EMANCIPATION OF
STATE OF LOUISIANA
PARISH OF
BE IT KNOWN THAT on this day of , 200 , before me, the undersigned notary, and in the presence of the undersigned competent witnesses, personally came and appeared [put right adult's name, marital status, and address - including parish of residence - here]:
who herein declared their intention to emancipate the child [put full name of the child here], , who was born on , and give their child the full power of administration of the child's estate, and to have all the rights and benefits of an emancipated minor to the fullest extent of the law.
THUS DONE AND PASSED on , in , Louisiana, in the presence of the undersigned competent witnesses, who have signed their names with appearers and me, notary, after due reading of the whole.
WITNESSES: PARENTS:
NOTARY PUBLIC
You could file papers on your own, but it would be hard to do it without a lawyer. Your best bet is to find a lawyer:
Can my parents or the court ever cancel the emancipation?
Yes. Both your parents and the court may take back their decision at any time, and cancel ("revoke") the emancipation. But emancipation by marriage can't be revoked, even if your marriage doesn't last.
To revoke an emancipation, your parents would have to make another notarial act or the court would have to issue another order. If you do well on your own, the court would have little reason to do this. If a court ordered emancipation in the first place because your parents treated you badly, the court would not return you to your parents' control, but would appoint another adult to be your guardian (called "tutor" in Louisiana) until you reach 18.
Yes. When you are emancipated, you are responsible for taking care of yourself, like any adult. This means that your parents won't have to give you money to pay for rent, car insurance, food, school, and so on, unless they are otherwise obligated to do it by contract or by law. You'll be on your own. Any child support award in your favor ends automatically with emancipation. With emancipation, you can make most or all contracts freely, like any adult (you can buy and sell, and get credit cards on your own, and so on). But emancipation also means you can be sued like any adult if you can't pay your bills. Since you may still be protected from some debts even if you are emancipated, you should talk with a lawyer if you have a big debt or you get sued. Q-what about criminal consequences? - still researching this.
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