Free Consultation

Emancipation 101: Six Most Asked Questions About Minor Emancipation

Published:
Updated:

Our family law attorneys at The Betz Law Firm can help you file an emancipation petition and build a strong case.

At what age is someone officially considered an independent adult in Missouri? If you ask Missourians this question, most will likely say 18. But did you know Missouri minors don’t have to wait until they turn 18 to be legally recognized as an independent adult? That’s right; a Missouri minor can be declared an adult through emancipation.

This article will examine emancipation in more detail and answer frequently asked questions.

The Betz Law Firm
Excellent
4.5
Based on 32 reviews
review us on
I hired the services of David Betz for purposes of getting a name change and him and his paralegal Debbye were professional, answered emails promptly, and were able to handle a complication in my case with no problems. Would highly recommend Mr. Betz.
Mr. Betz is a knowledgeable and helpful straight shooter who truly cares about kids! Highly recommend.
The Betz Law Firm assisted my son with legally changing his name. They were extremely easy to work and very helpful!!!
David Betz and Debbye Lasky were both wonderful to work with and accomplished what I needed done.
David was very professional and helpful for our child during a recent litigation. I would highly recommend his firm for GAL service or attorney service!
Fair Guardian Ad Litem who has walked a tightrope of a custody case
I was very impressed with Mr. Betz’s service. He was the GAL for my children. He was very professional, fair-but-caring and advocated tireless for the children’s best interests. He took his time to talk to them about their wishes, giving us sound advice and guided us through an otherwise contentious process. I appreciated his professionalism, ethics and would highly recommend him.
My son and I have worked with David Betz for several years in custody matters concerning my grandson. I have found him to be genuinely concerned with our situation and responsive to our needs. He listens carefully and handles matters promptly. He is realistic in evaluating situations and helps us to arrive at the best possible alternatives. I highly recommend him for family law matters.
I am a transfeminine nonbinary person that used The Betz Firm to get my name changed. They were extremely affirming, and excited to work with me through this as it was an immensely huge deal for me. Thank you Betz Firm, for making this a reality for me!
Joel and David are extremely helpful and helped with everything I needed. They are kind and worked with me with all of my needs regarding my case! I would recommend to everyone!
David was phenomenal in helping me secure protection and safety for myself and my daughter during the divorce and custody case. We ultimately prevailed at the end with 100% custody and a judgement in favor of the petitioner for support, with heavy stipulations in place for visitation. David by your side in the courtroom is a sure fire win. Place your bets on Betz!
David was super helpful in getting all of my questions answered. He was kind and patient while I explained the situation I was dealing with, and outlined numerous options and avenues that I had as choices. He didn't sugar coat things and was honest where he thought struggles would appear in the case, and talked through best and worst case scenarios. He also was nice enough to offer additional phone calls if more questions came up while choosing how to move forward with the case. I would highly recommend talking to David about your case if you need a family lawyer, as it's obvious that he is kind, and extremely knowledgeable about family law and the complications it can involve.
The Betz Firm has handled all of our family law needs. They are an impressive team to work with and they have the ability to find the best solution for their clients.
I have all the world to say about this man. He helped me piece my life back together.
David Betz took the time to answer all of my questions and was very kind, thoughtful, considerate, and most importantly of all knowledgeable. I very much appreciated his time and help!
The staff is very professional and friendly and comforting to their clients (the children). They definitely put us all at ease during an uncomfortable time.David himself is very easy to talk to, and both of my kids really liked him. I am very impressed with their involvement in our case. He has been easy to work with and good at getting back to us in a timely manner with issues regarding our case.I would highly recommend his office to anyone in need of legal help for their children.10 months later...I wanted to add, we have been in this case for 22 months and it’s about to wrap up. David has been amazing. My 16 year old daughter had kind of lost her faith in the system and in adults - David really worked with her and helped hold her accountable, but also gave her a voice, great advice, and really won her over. She really trusts him. When she was struggling, she would ask to call David. When I was struggling with her, I would threaten to call David and she would become more agreeable. She really trusts and respects him. Which for me, takes a unique skill set. Not everyone can get an unhappy teen to comply and also still keep their trust and respect. My son loved David too. Both kids looked forward to our apts with David. Which when you are fighting a child support/ custody case and your drained, it’s so nice to have parts of the process be so easy and helpful. And that’s what we got from David and his staff.David has offered to be available if he can help after the case with questions or getting a teenager in line. They were understanding and more than fair with my payment options. Joel, his assistant- is a joy to talk to and prompt to respond and he chatted with the kids and put them at ease in a very uncomfortable situation. I can’t say enough good things about them.We drive past their office every day on the way to school and my daughter said she wanted to stop by and take David a Christmas present. That’s pretty impressive for a 16 year old.They really made a very unbearable situation so much better; David even made us smile and laugh during a very nerve wracking time.I would highly recommend them to anyone. Definitely 5 plus stars!
David helped me successfully navigate through a challenging legal scenario, where timely direction and counsel were paramount to a positive outcome. He quickly understood the issues at hand, provided very practical advice, all the while demonstrating his firm understanding of the law. Just as importantly, his advice was grounded in how the practical application of that knowledge would lead to a positive outcome. He was easy to talk with, a focused listener, honest, and it was obvious that he was not out for his own gain. It was nothing short of a positive experience from start to finish!
I retained David Betz for my divorce and very happy with how things turned out. David and his team went straight to work and kept me updated every step of the way. If you looking for someone to get the job done, then look no further. Thank You David and Joel for all you have done for me!!
I felt comfortable with David and was always treated with respect and listened to.
Such a great experience working with David. He truly was looking after my child's best interest and that's what it's all about. But he also was incredibly friendly, knowledgeable and explained everything so that even my 7 year old could understand. Well done.
David is a great person and lawyer. He was on top of the situation instantly also very professional. I would recommend him to anyone that wants not only a lawyer but a friend he listened to my concerns and took action thats what I like about him. Thanks David ! My life is forever changed !
David actually cared and unlike most attorneys, did not try to take as much as possible. I am satisfied and got everything I needed.
David Betz is professional and is very to the point! He knows the law and helps to get you a fair deal. He helped me get 50 percent custody of my kids and my home back from my ex. His staff are very knowledgeable and helpfully as well! I highly recommend him to anyone going though a custody battle!
I was in a very tough spot legally with a family situation. David was able to help me out and I got much more than I ever expected from the court. I give David the highest possible rating!!! He will do what is necessary to help you with your family law situation.
David Betz is very kind and will answer any questions you have regarding your case in a timely manner. I highly recommend him.
Really listened and provided solid advice and assistance. Always made himself available and never rushed our meetings. He really cared about our outcome, I felt like a friend rather than a client. A great attorney and true professional.
js_loader

What is the Emancipation of Minors?

By definition, emancipation is nothing more than a process of freeing minors from the control and care of their guardians or parents. Emancipation gives a minor of 16 to 17 years the legal privileges of an adult. The teenager also becomes entirely in charge of their own affairs.

What Are the Requirements for Emancipation?

There are specific requirements that must be met before judicial emancipation is granted. The minor must be at least 16 years old and a Missouri resident. Secondly, the minors must prove they can financially sustain themselves while living separately from their parents.
When determining whether a minor is financially independent, the court may ask them to provide work records, bank statements, or a lease letter from their landlord.

What Are the Rights of an Emancipated Minor?

An emancipated minor can do what other kids their age can’t. These include:

  • Living on their own
  • Entering into legally binding contracts
  • Getting married
  • Keeping their hard-earned cash
  • Conducting business
  • Suing or being sued

Do Emancipated Minors Have Limitations?

The law precludes emancipated minors from undertaking specific activities until they attain the age of majority. This includes:

  • Buying alcohol or cigarettes
  • Voting
  • Purchasing a firearm
  • Dropping out of school before completing at least 16 credits

How Can You Initiate the Emancipation Process?

You can initiate the process by filing an emancipation petition with the family division court. The court will then set a hearing within 30 days and send you and your parent or guardian a notice to appear for the emancipation hearing.

What Happens During the Emancipation Hearing?

The judge will allow you and your parent or guardian to be heard during the hearing. If your parents or guardians object to your emancipation, they’ll be required to prove you are not capable of living alone and demonstrate how living under their care is in your best interest.

If your attorney convinces the judge to side with you, you’ll be issued a declaration of emancipation—which you’ll use to prove you’re a legal adult.

Can the Emancipation Agreement Be Modified?

The judge may modify an emancipation agreement if they are convinced it’s in the minor’s best interest.

Don’t Go It Alone!

The emancipation process sounds simple in theory, but it’s time-consuming and confusing. Emancipation laws are also complicated. You will need a family attorney to navigate the intricacies of emancipation and convince the court your case has merit.

Are you a minor aged 16 or 17 and want to be emancipated? Our family law attorneys at The Betz Law Firm can help you file an emancipation petition and build a strong case. Contact us today for a free initial consultation.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families navigate life-changing events.