Can she get emancipated?

Question

A friend of mine is 17. She was the youngest in her grade, and she graduated from high school a year early, so she is about to start her sophomore year in college. She lives with her parents, who are incredibly strict with her because of their religious and cultural beliefs. To give you an idea of how strict they are: she got a pretty low grade in one class freshman year in college because she was not allowed to go to meetings for a group project at the school's library. She has been attending a community college because her parents won't let her do anything else. She turns 18 in December, but her parents are telling her they still won't let her move out to come to a state school that I attend. Her parents also said that if she moves out to go to college, they will not pay any amount of money for her education. However, their income would still need to be on her FAFSA (fin aid form) so she wouldn't get any financial aid. Can she be emancipated? And would she need a lawyer?

Answer 1

Even if she qualified for emancipation she would still be required to provide her parent's information on the FAFSA when applying for financial aid.  Emancipation does not automatically make a student independent for financial aid purposes.  She would have to appeal her status to the aid office at the college and there is no guarantee they would approve her.  Unless she knows for sure that the aid office will grant her appeal she's probably going to have to tough it out and get through college while trying to work with her parents.

Answer 2

It is unlikely that she would be emancipated. In order to qualify as independent, she has to be able to answer yes to one of these questions on this chart:

http://www.fafsa.ed.gov/FOTWWebApp/fotw0...

Answer 3

I think you have to be 18 to be emancipated.But you should check with a lawyer or call a lawfirm from the yellowpages.

Answer 4

Generally emancipation is granted only to those minors who are financially stable, this almost always means a professional athlete or performer. Even in such cases the court will often appoint a GAL or an independent conservator.

In other situations the minor is made a ward of the state and placed in a foster or group home or other juvenile facility.

In states that allow emancipation petitions, the minor must file the petition themselves (some states require parental permission for the act).

The minor must present all required documentation, (proof of adequate income by gainful employment, proof of acceptable residency, proof of education status as designated by state compulsory education law, and so forth); and must pay all court costs and applicable fees themselves.

Average costs $150-$300.

Filing a petition does not guarantee that an emancipation decree will be granted.

Contact the office of the clerk of the circuit or probate court in the city or county of residence to obtain specific information as to emancipation status of the state

In order to get emancipated, you have to have parents' consent and go in front of a judge. It's not likely for a judge to give the consent. You must have a job, transportation, schooling, a place to live, etc. If you have all those things and a good reason on emancipation you may get the consent from the judge.

The minor would have to prove both that emancipation would be in their best interest (which means they must have a valid reason for it) and that they have the ability to fully support themselves. There could be other requirements as well. Some states require parental consent to the emancipation. And not all states have an emancipation statute. Generally speaking, emancipation is not a quick or easy process and more often than not it is denied

If you meet the requirements for emancipation you can. The basic requirements are: you must be able to fully support yourself (rent, utilities, food, etc) *without any assistance* and you must convince the court that it's truly in your best interest to be emancipated. That means you must have legitimate, valid reasons. Just not getting along with your parents or wanting more freedom is not going to be enough. Additional requirements vary by state, however, not every state has emancipation laws.