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Express emancipation process for minors
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In Joseph Carroll’s article about parent/teen relations he states that “About 65% of teens at the ages of 14-17 don’t “like or get along”, with their parents.” Teenagers this age are going through life changes, and feel as though they know what’s best for them which causes problems in the household. Some teens leave to live on their own before they reach the age of eighteen, to get away from their parents. To leave a household before reaching the age of eighteen you must become emancipated .When it comes to emancipation I believe minors between the ages of 14-17 should be able to emancipate themselves, in doing so because of certain situations that can cause harm to the child physically, mentally, and emotionally. All minors aren’t always lucky enough to be provided with fit or stable parents. Unstable parents could be …show more content…
categorized as alcoholics, sexually or domestically abusive, failure to provide, or by abandoning the child. In my personal opinion, there’s a lot of stressful and overall traumatic experiences that happen to most young teens. Many are being raped every night in the own comfort of their home, or beaten down until they’re broken down completely and praying for a way out. Screams and fights every night, verbal abuse will push a child to the limit as well. Some teens are forced to play the responsible role and provide for the household as early as 14, playing mother and father to themselves and siblings, due to parents who just simply don’t care about the beautiful creations they’ve bared. All of these things would cause the child to feel as though they are unsafe, unwanted or being harmed in a way, which gives them the right to emancipation. Emancipation basically separates the parent and child. “A minor who is “emancipated” assumes adult responsibilities before reaching the age of majority (usually 18).Emancipated minors are no longer considered to be under the care and control of parents- instead they take responsibility for themselves.” (Dixon 2) An emancipated minor must have a reliable source of income, a stable living situation, and continue to attend school (if still in grade school) to graduate. The Minor will be granted all parental duties for themselves and act as adults. Emancipation isn’t all that easy to be granted by a judge. It has many requirements and procedures in which you must abide by to get permission. “To get declaration of emancipation from a judge you have to prove all of these things: You are at least 14 years old, you don’t want to live with your parents due to them being unfit, your parents are notified and confirmation, and show you can earn and handle your own money to show emancipation will be good for you.”(Reuters 1). These requirements should be met before you bring the case to a judge with all proof and fees. At the ages of 14-17 the process of emancipation will be very expensive to try and pay for with no income. “The filing fee for a petition of emancipation is $166.00, and you must also pay to have the petition “served”. This cost will change depending on who provides the services. There are also other fees for forms needed during the process of objections or requests.” (Judicial council of California 3) After all fees and paperwork are collected the time to complete the court process for a minor to get emancipated takes between four to six months. There are two types of emancipation that the minor can choose to go about.
The first option is Automatic emancipation. “You may receive automatic emancipation by Getting married, joining the armed forces (in which you must be 17) or if you if you reach age of majority.” (Reuters 4) With the automatic emancipation process there is no need for a court appearance or judge’s permission; you just must fill out all paperwork needed and have proof of marriage or enlistment in an armed force. The other route of getting emancipated is Express emancipation. “An express emancipation takes place when a parent agrees with its child, and that the child may leave home and collect its wages and control their assets. If legal courts become under the case it means the legal agreements were broadly interrupted over the parental agreement.” (Stanley 5) This is the most common route that minors 14-17 have to go through, a court process with parents and permission from a judge is required. A child also has a right to go the express emancipation route if they are put out due to unexpected pregnancy, or if the parents or guardian
dies. As an emancipated minor you can hold contracts for important necessities in life such as leasing and renting houses, and loans .You may sue anyone you please if you have the funds. You may enroll yourself in school; apply for public benefits and health care benefits as well as an emancipated minor. Anything dealing with financial duties that you’d usually need a guardian for, you may do it without them after emancipation. As an emancipated minor you also have limitations as well. You may not take part in adult activities. The activities include drinking alcohol, voting, or entering places for adults 18 or older. This will keep the emancipated minor from overexposure of alcohol and adult environments before the age of eighteen. The restriction on voting before eighteen is in place to make sure the child is mature enough politically to vote. Another limitation is mentally challenged or an ill child are not allowed to be emancipated and even at 18 depending on their dependency on parents, decides if they can be considered an adult. Overall, emancipation is the process in which a minor in their teen years separates themselves from their parents to gain adult rights. I feel emancipation is in the better good for minors ages 14-17, who are mature, in unstable environments, or just a bad situation such as a death of a guardian or unexpected, unwanted pregnancy. For some teens this decision could be the difference between life and death depending on the situation they are fighting to get away from. To become emancipated they must prove it is needed and explain their situation in depth. They have many steps to get the judges grant and fees to get their rights as adults, as well as age restrictions on their adult privileges. The benefit is the end result of being in a safe, more reliable, stable environment and being able to make their own decisions in life with their rights as an emancipated adult.
There has always been an issue with Juveniles being treated as if they were adults. Many believe that Juveniles that commit crimes such as rape, murder, or extreme violence, should be given a sentence of life in prison. It's been an issue since the start of when Juveniles have been given life without parole and has continued until this day. These kids have to suffer their first years in prison living without parole. I believe that some teens do deserve life without parole due their certain age point, childhood issues, and serious crime they have committed.
The adult age requirement in the US is 18 years old by law. If you are under the age of 18, you cannot vote, rent a hotel room, or even purchase a lottery ticket and you are considered a minor. In some cases though minors are convicted as adults, go to adult prison, and get life without parole. The courts deem these minors the worst of the worst and they are untreatable and are not capable of rehabilitation just like Nathan Ibanez, who murdered his mother and is serving life without parole. Juveniles have gained more rights from the Supreme Court in the three following cases: in Kent v. United States it was determined juveniles must have due process, in the case In re Gault it was determined juveniles must have access to a lawyer and know
It was not until he was sixteen that a parole officer recommended he pursue legal emancipation. His freedom was finally granted at seventeen (Rupp 1&2). Emancipation is a court process that gives a teen legal independence from his or her parents or guardians and is granted adult civil rights except those prescribed by the law (Emancipation). Emancipated minors will not be automatically entitled to do certain things such as vote or legally drink alcoholic beverages. Though child abuse is one of the main reasons why children want to be emancipated, there are other reasons for children to want adult responsibilities.
Parents must discover ways to help teens learn to make decisions that minimize the potential harm to themselves and others, and parents must also gradually relinquish control and place increasing amounts of personal responsibility onto teens so that they become self-regulating.
Teenagers do not have what we call “adult” rights therefore they should not be sentenced as one. For example in the Article “Kids Are Kids - Until They Commit Crimes” by Marjie Lundstrom she said “It’s a glaring inconsistency that’s getting more glaring by the hour as children as
This is clear in the article entitled “Should Teens be tried as Adults?” The author states “teens sometimes do stupid things. They can make bad decisions. Their judgement is not the same as an adult. They may not be able to control their impulses as well as adults can.
The rate of American teens leaving home has continued to rise each year. The United States must educate more young people about the dangers of leaving home and living on your on the streets. Runaway teens encounter problems such as drugs, violence, and reliable resources.
A average teen that commits a crime need rehabilitation not prison. In Paul Thompson's article “Startling Finds on Teenage Brains” He highlights that the average teen brain is not developed like like a adult brain so knowing that we should not be putting kids under 18 in adult prison. Teens dont know better they dont understand whats right from wrong . They need rehabilitation they don't need to be harassed. So i believe that teen should not be tried a adults in the court of law.
Being eighteen years of age is when one is officially and legally regarded as an adult. As an adult, one is deemed to incorporate the capacity to appreciate certain rights that every individual is given alongside the necessity to fulfill certain obligations. At this age, individuals gain privileges, such as the ability to purchase tobacco products, voting rights, purchase fireworks and get tattoos. However, although being of age sounds great, there is one privilege that many do not desire to ever attain, the ability to be held responsible for your own actions. In the year 2012, the Supreme Court made the decision to ban mandatory life imprisonment without parole for juveniles. Nevertheless, their decision was utterly unacceptable. Because of this new rule, jurists, prosecutors, lawyers and just about any adult, forcibly must be lenient towards juveniles who cannot be justified when they commit atrocious crimes.
In our State of California you legally become an adult at the age of 18, which means you are in control of your life and directly responsible for your actions. A youth 14 years and older can be tried as an adult for crimes that include murder, robbery with a weapon, and rape. Most juveniles that are tried as adults are done so without in-depth consideration of whether they truly understood the magnitude of their actions. There are a few key components that should factor into an in-depth behavior analysis before trying any youth as an adult. These factors are competency, brain development and contributing factors to delinquency. If the criminal behavior can be addressed and changed to begin with, juveniles
Two causes of why teens are in prison are mostly because they have problems in their homes. Situations of domestic violence, poverty and rejection. Not all teens have a very happy home they suffer from what they go thru every single day at home having to deal with parents arguing every day seeing their mother or father be hit constantly. Having domestic violence in their home really affect these children in a way that their parents don’t listen to them they don’t communicate or talk not even a simple how did your day go? They will start to feel lonely and try to find a way to do things that might catch their attention like do things that are agents the law some of them think that by doing this their parents will notice and try to stop them.
As hard as it may seem, parents can petition for their own child to be emancipated from their care. There are many reasons why parents would want their child to be emancipated, or taken out of their care so they can care for themselves. One reason could be that the parent does not want to be held liable for the minor’s actions. (peopleslaw.org) the parent/s could fine or ticket for the crime the child has committed. If you are with your parents in Wal-Mart and you decide to steal some of their merchandise your parents will get in more trouble than you do because you are a minor. If your parents cannot seem to get you under control, they may want to emancipate you so they will not be at risk for getting in trouble for you when you commit a crime while still under their care. The parent may also believe that the child can care for him or herself and does not want to pay child support. Here is one instance of emancipation. “Tort action by father for loss of earning of minor son. Court ruled that emancipation is proved by conduct and acts. The father forfeited...
In our communities, we are aware that children under the age of eighteen do not and are unable to behave as an adult. This is why our criminal justice system goes through the necessary actions to protect them from the outcomes of their actions and frequently looks to restructure the harm when they tend to make the inappropriate choices by giving them another chance. Our law bans individuals under the age of eighteen to vote; they cannot serve in the military or even serve on the jury but in certain states they can be put to death for a crime before they even reach adulthood. In the United States there are over 2000 juveniles in prison serving life sentences without parole, some are younger than thirteen years old.
Despite the law itself teens aren't mature enough to be considered adults. An adult is an self sufficient person who handles all responsibilities and problems as they are coming. Teens are known for doing immature things that never really make sense and most still live with their parents. Teens shouldn’t be considered as an adult because the brain is not fully developed until at least 25. People should start being considered adults at the age of twentyfive because the brain isn’t fully developed, teens are willing to do crazy things for attention, and most teens still rely on their parents and it’s causing teens to grow up too fast.
More than one million teens, most under the age of eighteen, run away from home every year. The reason is the lack of communication with parents. Sometimes teenagers want their parent listen to their needs. They often feel things are hopeless and that their parents would never understand. For example, my best girlfriend who used to think that she wasn't smart enough to finish high school. Her parents rarely looked over homework with her when she needed them. They were not interesting to what she had to...