Legal Emancipation: What is it?
In the realm of family law in Colorado, a particularly nuanced status is that of being emancipated. Essentially, emancipation means that a minor child is legally responsible for themselves and no longer under the control of a parent or guardian. However, the mere fact of turning eighteen years old does not mean automatic emancipation; rather, it requires a court order. A minor generally cannot petition the court to be emancipated until they reach the age of sixteen.
If a minor child is emancipated, they are self-supporting and released from parental control and care . In fact, a minor who is emancipated may enter into contracts with other adults, without prior consent of their parents. In addition, an emancipated minor has the right to consent to their own medical and dental care.
It is important to note that emancipation does not constitute termination of parental rights (TPR) or a custody change. Emancipated minors are still a juvenile and under the jurisdiction of the juvenile court system. While, in many circumstances, it is reasonable for a minor child to be emancipated, oftentimes it is not the most appropriate solution for a troubled minor child.
Who is Eligible for Emancipation in Colorado
A minor in Colorado may be considered for legal emancipation if they match the requirements of both statutory law and common law. Most importantly, the minor must be at least 15 years of age when they file their Petition (however, they can be younger if they are serving in the military). If any parental rights have been terminated, consent from the minor’s parent to the emancipation may be substituted for their signature.
Emancipation is not granted automatically because a minor has reached the correct age. In fact, in most situations, minor will not even be able to afford the legal emancipation. As such, many minors lack the means to change their legal status. However, you should consider emancipation for any minor who meets the following criteria:
- The minor should be at least 15 years old.
- The minor must have been a resident of Colorado for at least six months.
- The minor should be able to support themselves financially and/or have a source of income such as a job that pays them regularly.
- The minor must provide a stable housing situation for themselves by either renting or having a friend or family member provide them with a home.
- If the minor is married, consent from their parents may be necessary to get them emancipated.
- The minor should be able to pay all of their own bills, including groceries, rent, and medical expenses.
Legal Emancipation Procedures
After filing a Petition for Emancipation, the next step is a hearing before the Court. The Court is required to hold a hearing, because when a minor seeks emancipation, the burden of proof is on the minor. An emancipation hearing is held when the minor is age 16 or older. There is no hearing for minors under age 16, unless the Court determines that it is in the best interest of the minor to hold a hearing. The purpose of a hearing is to give the minor an opportunity to present evidence showing that they are sufficiently mature to be emancipated.
The Court must take testimony under oath from the minor and at least one of the minor’s parents. When parents have joint custody, the Court must take the testimony of both parents. If the Court appoints a Child and Family Investigator, the Court must also take the testimony of the CFI. If the minor is under 12 years of age or is physically or mentally unable to communicate, the testimony of the minor may be given by deposition. Even if the minor is under 12 years of age or has a physical or mental incapacity, the Court will require testimony from a parent. The Court will consider several factors when deciding whether to emancipate a minor. The Court will consider whether the minor is less than 12 years of age, and has a physical or mental incapacity that prevents the minor from appearing. The Court will also consider the age of the minor. When the petition is filed by a minor under age 16, the Court will generally not emancipate the minor, unless the Court finds it is in the best interests of the minor. Unlike a petition filed by a minor age 16 or older, a petition filed by a minor under age 16 does not require parent consent. The Court will also consider the maturity and resources of the minor. The Court will consider the ability of the minor to manage financial matters. The Court will also consider the parental verification of the petition. If there is a Court-appointed CFI, the CFI will be required to interview the minor and the parents. The CFI will give an independent recommendation to the Court, and can not be compelled to testify at the hearing. If the Court appointed a CFI, the Court will ordinarily wait a minimum of 45 days before proceeding with a hearing. If the Court did not appoint a CFI, the Court will ordinarily proceed with a hearing after at least three days have passed since the filing of the petition. The Court will normally apply the best interests of the minor standard. However, if the Court finds that there are unusual and extraordinary circumstances, the Court will be permitted to apply a lesser standard, such as a preponderance of the evidence standard, and may enter an order of emancipation. The Court has the power to appoint a CFI, Guardian ad Litem, or counsel to represent the minor at the hearing. The Court generally appoints a CFI, who is a trained and experienced lawyer, unless the minor requests otherwise. Following the hearing, the Court will make a ruling. If the Court grants a petition to emancipate a minor, the Court will enter an emancipation order. An order of emancipation will not have any retroactive effect. The order of emancipation will terminate all the parental rights and obligations of the parents, and automatically voids any personal or real property agreements between the minor and the parents. A minor over age 15 may voluntarily enlist in a branch of the United States military.
Emancipated Minor Legal Rights and Responsibilities
In Colorado, when a minor is legally emancipated, they gain a legal status equivalent to an adult—along with all the rights and responsibilities thereof.
To summarize:
You may now work full-time
Enter into contracts
Move out on your own, without your parents’ permission
Establish an apartment lease and become responsible for your own bills
Get a tax ID number and file taxes as an independent taxpayer
Open a bank account
If you receive any money from your parents, you will now do so as an adult
You have gained voting rights (in the sense that you may already be able to vote if you are 16 or older)
Some laws still apply to you
However, there are still some major responsibilities.
These include the following.
Maintaining employment
Paying taxes
Handling your own medical care
Keeping in mind the financial responsibilities of living independently
Working with your parents to make important decisions (as long as their parental rights are not terminated) .
Your parents still have responsibility for your welfare. Until a court terminates their parental rights, they are responsible for taking care of you, visiting you, and providing you with proper service as needed.
The immediacy of your emancipation depends on how old you are when you are emancipated.
If you are 17 and have just been emancipated, you may continue living in your parents’ home for a while. This is fine.
If you are 16 and have just been emancipated, things are different.
At 16, you can choose to live on your own immediately, or you can stay with your parents for up to 60 days after your emancipation. If you decide to stay with your parents for the 60 days, you can continue being a full-time student.
You cannot stay with them longer than 60 days.
Emancipation: Pros and Cons
The pros and cons of emancipation in Colorado involve a balancing act between the independence and control gained by the minor and the maturity level needed to bear that responsibility. On the plus side, approved emancipated minors can: As a result of those advantages, they are often less dependent upon their parents and potentially less likely lie about their whereabouts. The freedom and autonomy of being an emancipated minor may even help some avoid common teenage pitfalls such as drugs or alcohol. Leaving an abusive family situation remains another significant motivation for emancipation. Sadly, these potential pros may be outweighed by their cons, such as the risk of relationships with intimate partners or friends with negative influences. Sometimes, they experience homelessness or poverty resulting from insufficient jobs or education to support their independence. In addition, unwilling parents may suffer the unintended consequences of losing all rights over their minor children – a problem avoided by legal emancipation. Into this gray area step laws of emancipation – clear, concise ones in Colorado and more ambiguous ones in other states.
Seeking the Guidance of an Attorney
In Colorado, minors seeking emancipation can obtain legal advice and support from various resources and organizations. The following are some resources that may be helpful to consider: Colorado Legal Services (CLS): CLS is a statewide nonprofit that provides free or low-cost legal assistance to individuals in Colorado. They offer a variety of resources, including legal forms, brochures, and information on how to find a pro bono attorney. They also have a resource center where individuals can get help in finding local legal services. CO 2-1-1: CO 2-1-1 is a free, 24/7, multilingual, and confidential service that provides referrals to local services and resources for individuals and families in Colorado. They can provide information on housing, transportation, food, utility assistance, legal services, and much more. Individuals can contact them by dialing 2-1-1 or by texting their zip code to 898211. The Office of the State Public Defender: Each district in Colorado has a State Public Defender Office. They can provide legal advice and assistance to individuals who cannot afford a lawyer . Legal Aid Foundation of Colorado: The foundation supports legal aid organizations across the state to ensure that low-income Coloradans have access to justice. They provide funding for civil legal aid programs that serve low-income families and individuals. A legal aid clinic at a local law school: Many law schools in Colorado offer free legal clinics where law students provide legal advice and representation under the supervision of a licensed attorney. Keep in mind that the advice provided may be limited to the services offered by that clinic. The Colorado Bar Association: The Colorado Bar Association offers a lawyer referral service that connects individuals with local lawyers. While there may be a fee for the initial consultation, this service can be helpful for individuals who require more personalized legal assistance. Community organizations: Some community organizations, such as youth centers and advocacy groups, may offer legal resources or services. Consider reaching out to local organizations and see what resources they may have available. It’s important to note that while the above resources may be helpful for obtaining basic legal information, they may not offer legal representation or services for emancipation law.