Emancipation
by: Wyoming Legal Services - Lander Office
Emancipation
Minors do not have as many rights as adults do. Also, minors have to get permission from their parents or legal gaurdians to do certain things. These include
- signing a legal contract such as an apartment lease;
- choosing their health care; and
- being able to live on their own and keeping their own money.
Legally, minors become adults when they turn 18. But in Wyoming, a minor can ask a court to make him or her a legal adult before turning 18. This is called emancipation.
Who can get emancipation?
Not all minors are allowed to get emancipation. Wyoming law requries a few things from minors before they can get it. Minors wanting emancipation
- must be 17;
- must be living apart from their parents voluntarily;
- must be able to support themselves financially;
- cannot get their income from illegal means;
- cannot have their income be their parents' welfare money; and
- must have parents who agree to have their child emancipated.
The judge will decide whether a minor meets these requirements.
If you want emancipation, what should you do?
The person who emancipates you is a district court judge. You start by filing a brief with the district court clerk in your county. It costs $65 to do this. On the brief you have to show that you meet the requirements listed above. Once you file it with the clerk, you wait for your hearing. The hearing is within 60 days after you file. The court has to give you and your parents 10 days notice before the hearing happens.
At the hearing the judge will begin by looking over the brief. You and your parents will be given a chance to speak. The judge will probably ask questions, too. Unless the judge wants more time, a decision will be made at the hearing.
What happens if you get emancipation.
The law says that you have the legal rights and responsibilities of an adult. This means you
- get to sign a contract;
- can sue and be sued;
- can buy and sell property;
- can live on your own; and
- will be treated as an adult if you break the law.
Being emancipated also means that your parents
- don't have to support you, and
- are no longer responsible for you.
Wyoming statute: §14-1-201
|
