Emancipation of a Minor (Youth & Young Adult Legal Issues Edition)

Emancipation is a way for minors to be treated like legal adults before they turn 18.  When you are emancipated, you are free to act on your own. You cannot be emancipated unless you are 16 or older.

In Montana, we call this process a “limited emancipation.” Once a child is emancipated, their parents/legal guardians do not have custody or control of them anymore. Emancipation is usually forever, but the court can cancel the emancipation if the minor making the request lies to the court or can no longer support themselves.

If you are emancipated, you will give up the right to be supported by your parents.

If you are emancipated, you can do some things without your parent’s permission, like:

• Get medical care;
• Apply for a license to operate equipment or perform a service;
• Keep your own earnings;
• Enter into contracts and incur debt; and
• Live where you want to.

Important:  If you are emancipated, your parents no longer have to support you.

Emancipation also comes with many limits. Even if you are emancipated:

• You must go to school or work towards your GED;
• You have to follow many of the child labor laws and work permit rules;
• You cannot vote until you turn 18; and
• You cannot drink alcohol until you turn 21.

Note:  If you have a legal guardian, all of the information in this section about “parents” applies to the legal guardian and your case, too.

If you are emancipated you will be solely responsible for any contracts you enter.

Emancipation does not qualify you as an independent student for purposes of applying for federal student aid for school. But your emancipation may help prove that you need more aid.

A formal emancipation in Montana is called a “Limited Emancipation.” A judge must order that you are emancipated. To become emancipated formally, you have to prove ALL of these things:

• You are at least 16 years old;
• You want to live on your own;
• You are responsible enough to live on your own, and understand your rights as an adult;
• You can afford to live on your own;
• Emancipation would be best for you; and
• You have graduated or will graduate or get a GED, or have a very convincing reason to not be in school.

Also, the court may assign you counseling. You must check in with the court on a regular schedule. This is to let the court know your emancipation is going well. If you do not check in when you’re supposed to, the court can take away your emancipation status.

No. But they can tell the judge why they think it would not be in your best interest to be emancipated, if they want.

No.  Emancipation is meant to be a positive step for a minor. Parents can not use it to get out of their parental responsibilities.

Usually, yes. But the court can take it away if you’re not careful. You will lose your adult status if:

• You break the law;
• You break any of the rules of your emancipation;
• You can no longer support yourself;
• Or, the court finds any reason that living on your own is against your best interests.

Yes.  If you don’t want to live with your parents you can:

• Get counseling or mediation with your parents to help make things better;
• Go to live with another adult (like an aunt, uncle, grandparent, or family friend);
• Get help from public or private agencies; or
• Make an agreement with your parents to live somewhere else.

• Montana Legal Services Association (MLSA) provides free civil, non-criminal legal help to eligible clients. Apply for free legal help by calling 1-800-666-6899 or applying online.
• Tribal community members may have different rules for emancipation. If you are a tribal member living in a tribal community, contact MLSA to apply for free legal help on your specific situation at 1-800-666-6899 or by applying online.
• Contact your nearest Self Help Law Center for free legal information and forms.

Emancipation forms are available at the Montana Judicial Branch website.

• The Youth Homelessness Development Project (YHDP) is designed to support Montana service providers in the development and implementation of a coordinated community approach to preventing and ending youth homelessness. More information is available at the YHDP website.
• County resource guides provide an up-to-date list of available help centers.