Emancipation
Client Story
Emancipation is the process by which you may be recognized as a legal adult before you reach the age of majority. In the state of Alabama, emancipation allows someone who is 18 years old to sign contracts and hold legal roles that are usually reserved for someone who is at least 19. In this state, someone who is below the age of 18 may not apply to be emancipated in this way.
Context
To be legally emancipated in Alabama you must be 18 years old.
A parent must file on your behalf. A minor is only allowed to file their own petition for emancipation if both of their parents are dead or mentally disabled, or if both parents have abandoned them for over a year.
The Judge determines if a minor can be emancipated. This means that you must convince a judge that you are able to handle your own affairs and are ready for the responsibilities of adulthood.
Requirements
You must:
- Be 18 years old
- Have a picture ID to present to a Notary
It will strengthen your case if you have:
- A job, or plans to get one
- Access to money
- A plan for the future
- A GED, or a plan to graduate high school
Steps
Step 1: Fill out a copy of the Request to be Considered an Adult with your parent or guardian
CLICK HERE TO OPEN THE REQUEST TO BE CONSIDERED AN ADULT FORM
Your parent or guardian may also need to fill out a Domestic Relations/Child Support Information Sheet.
CLICK HERE TO OPEN THE DOMESTIC RELATIONS/CHILD SUPPORT INFORMATION SHEET
It is recommended that you also submit affidavits from at least two people above the age of 19 who are not related to you and who can vouch for you in court.
Step 2: File the form
The form must be filed in the county in which you reside. There will be a filing fee. If you are unable to pay a filing fee you may fill out an Affidavit of Hardship.
Step 3:
If the judge grants your emancipation, you are required to file a certified copy of the judgment in the office of the judge of probate in each of the counties in which live or do business.
The probate judge’s office will maintain the judgment for the public to inspect if they wish.
The judge may hold a hearing to meet with you and with adults who could testify as to your ability to handle those responsibilities.
In this case, they will consider several factors including:
- Financial support
- Living situation
- Decision-making ability
- Maturity
- Education
- Pregnancy
- Abuse
In some cases, the judge may not choose to hold a hearing and instead sign an order.
If a hearing is required, in some cases the Clerk of Court may be required to publish your intentions in a local newspaper three weeks before the judge decides.
Once you are emancipated, in Alabama you will have the right to:
- Choose your school
- Purchase and sell real estate
- Enter into legally binding contracts
- Sue others
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