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What Does it Mean for a Child to Become Emancipated and How Does it Happen?

Emancipation is a process by which a child becomes legally independent from his or her parents. One of the effects of emancipation is that it frees the parents of legal obligations such as support. Most commonly, this takes place by reaching the age of majority or 18 years old. However, most people think of emancipation taking place prior to 18 years old. A child under the age of 18 can become emancipated in Virginia in the following ways:

1. The minor has entered into a valid marriage.

2. The minor is in active duty with any of the branch of the armed forces of the United States.

3. The minor willingly lives separate and apart from the parents, with the consent of the parents, and the minor can support himself and competently manage his own finances.

For the minor to petition the court for an order of emancipation, he must be 16 years old. Additionally, a parent or guardian of a child may petition the court for an order of emancipation. Once emancipated a child may, among other things, enter into legal contracts, sue and be sued, buy and sell realty, and consent to medical care without the consent of his parents.