A Complete Introduction to Minnesota Emancipation Laws for Minors

An Overview of Emancipation

At its core, emancipation is a legal process by which a minor ages 16 and over can be liberated from the control of his or her parents or legal guardians. Emancipation gives a minor the right to make legal decisions and engage in employment contracts that a minor would not be allowed to make under the direction of their parent or legal guardian. The difference between a typical minor and an emancipated minor is that the former must acquire permission from their parents to get a job, while the latter does not.
Children may become emancipated for a number of reasons, such as if they have been previously abused by their parents or guardians, or if they have a strong desire to marry someone of a different age than their parents or legal guardians would allow. There must be legal proof of the abuse or harmful circumstances and a clear intent to become married.
In Minnesota , the court has the power to either grant or deny a request for emancipation. However, emancipation is generally regulated at the state level, meaning that the requirements for the process and rights granted might vary from state to state.
Becoming legally emancipated has several benefits. Emancipated children live independently from their parents, are responsible for filing their own taxes and might continue to be financially supported by their parents even though they are no longer subject to their care. Emancipated minors also have the right to vote in some states (although not Minnesota), sign contracts with businesses and obtain housing or a bank account without parental permission. In general, emancipation gives a minor full control of him or herself.

To Qualify for Emancipation in MN

Eligibility requirements to be Emancipated in MN
In Minnesota, a minor may qualify for emancipation if he or she meets certain age and legal requirements. As it stands, all married minors are considered emancipated and thus meet the qualification criteria. Unmarried minors may also qualify for emancipation if they are 16 years old, currently residing away from their parents or guardians, and have the ability to support themselves financially. While living away from one’s parents does not automatically qualify a minor for emancipation, living away from one’s family and accepting money from the state for financial support can qualify the minor for emancipation. Minors living on college campuses may qualify, as well. In all of these situations, the minor must be at least 16 years of age and capable of supporting themselves financially. If a minor meets these qualification and wants to emancipate themselves, a petition must be filed with the District Court and heard by a judge. Having sufficient evidence to support the petition for emancipation is critical to the court’s decision. While the minor is not required to have legal representation before the court—having a lawyer is highly encouraged if a minor plans to petition the court for emancipation.

MN Emancipation Process

To begin the emancipation process in Minnesota, a parent or legal guardian must file a Petition for Emancipation with the appropriate Minnesota district court. This petition must be signed by the minor seeking emancipation, along with both parents and the court-appointed guardian or custodian if there is one. In the case of an abandoned child or one that is already legally independent, it is not necessary to obtain consent from a parent or legal guardian. After filing the emancipation petition, the minor must attend a hearing at the district court with his or her parents and legal guardians/custodians. At this time, supporting evidence about the emancipation request may be reviewed by a court official, and an interested individual may appear on the minor’s behalf if there is an objection to the emancipation. Following the first court appearance, the minor is required to attend a meeting with the Family Court Services and have at least one evaluation performed by a Mental Health Professional. If the Family Court Services meeting and mental health evaluation(s) are successful during this emancipation interview, the minor then returns to the district court for a second scheduled hearing. A judge or referee will review the emancipation case, including all test results, and determine whether to grant or deny the petition in an order of Emancipation.

Rights and Responsibilities After Emancipation

In Minnesota, at the time of emancipation, a minor receives the legal status of an adult and is not subject to the supervision and control of parents or legal guardians. The Federal and State constitutions guarantee the right of a citizen who is over 18 years of age to vote and serve on a jury. A court-enacted emancipation simply gives that right to the minor prior to his or her attaining the age of majority. However, the minor does not gain material financial assistance from the state or parental support and can be legally and criminally responsible for his or her actions.
An emancipated minor is not subject to the support and maintenance of his or her parents or legal guardians. The unemancipated minor is the responsibility of the parents to the full age of 18 years or if still in school, until completion of school (not beyond age 20) unless the minor is legally emancipated.
An emancipated minor may make his or her own decisions but as an adult assuming responsibility for consequences of those decisions. An emancipated minor is not free of all parental attachments, loses no civil or criminal rights, nor gains any new rights that a minor has not. An emancipated minor does not assume parental duties.
An emancipated minor may be held to the same obligations as an adult for any financial obligations that he or she may incur. For example, financial obligations of an emancipated minor include contracts, insurance, mortgages, car loans, etc. An emancipated minor could be required to pay for these financial obligations even if they were entered into by the minor prior to emancipation.

The Role of Courts in Emancipation

The Minnesota courts evaluate emancipation petitions on a case by case basis. Although the statute provides general guidance, the decision is ultimately in the discretion of local judges. One of the most important factors to be taken into consideration is how a judge sees the parents influencing the minor child that is seeking emancipation. Despite the statutory provision, according to Minnesota courts, parental consent is not some sort of "get out of jail free card" within states. In other words, if such a concept was applied to judges, it would nullify their duty to perform an independent inquiry into the matter. Consequently, according to Minnesota courts, if there is evidence of parental influence on the minor seeking emancipation , it does not support the minor’s claim of having been truly "freed" from the influence while under the age of 18.
Emancipation is the full legal term in which a minor child is "set free" from parental control and is considered by the law to be an adult or an "independent" person. The term sets aside the control the parents might have over their minor child.
Courts have a great deal of discretion, even to the point where they can disregard the statutory requirements to reach a just result. Courts will look at the circumstances of the particular case and may use their own ideas about fairness to reach their rulings. Sometimes a court may be hesitant to break up a family. While it may be a mistake to think that courts can ignore the statute, sometimes they can and do.
In this part of the blog we will go through several court decisions and their applicability, if any, regarding or resolving issues we have discussed in this blog.

Other Options to Emancipation

Alternatives to Emancipation in Minnesota
If emancipation isn’t an option for you in Minnesota, there are alternative routes to consider that can create more independence without going through the courts. In some cases, it’s better to work with the family rather than going through the court order process.
Mediation
Even if the situation leading you to consider emancipation is hostile or dangerous, sometimes families can settle their differences in a way that avoids larger issues down the road. Working with a mediator can help bring all the parties together, often in a setting that is much more controlled than family mediation or other environments. A third party can also give you the chance to show your parents or guardians what’s happening in a more formal way, and they may be more willing to listen to someone that isn’t you.
For legal assistance or further information about the mediation process, work closely with a Minnesota family law attorney who can also advocate for your best interests in court if necessary.
Guardians
Under Minnesota law, a parent or guardian may nominate a guardian for a minor child in the event of their death. Most of the time, this applies to when both parents have died, but even if only one parent has died, another parent can nominate a guardian to care for the child in the event of the election of death of both parents.
A court does not need to appoint a guardian in the event of a single parent’s death. In this case, a guardian automatically terminates when the child reaches age 18, however in the event, the court chooses to appoint a guardian for the child, the guardian has a number of different roles and responsibilities depending on the needs of the child, which may include overseeing the child’s medical and financial decisions as well as their schooling, housing, and other needs.
A guardian also has a duty to make sure that the child is happy and healthy, and unless there is evidence to the contrary, the guardian should not move the child out of county without court permission.

Consequences of Emancipation

Emancipation is not the equivalent of becoming an adult. While legally, there are limits on parental control, becoming emancipated doesn’t mean that a minor can simply act as a legal adult without any restrictions. There are still certain areas where the law does not consider them of age – nor will they for some time to come. This means that legal action taken by minors or against them despite their emancipation can be unfair and should be inquired upon before committing time, effort and legal expense to an issue that will be found to be lacking merit.
Legal Liability
Because they are young and still learning the negative implications of their actions, emancipated minors can be held civilly liable for the consequences of their actions. A 16-year-old emancipated minor will be punished for their actions because they’re being held responsible for those same actions. More specifically, the found that minors as young as 16 can be held responsible for the legality of their contract signings, even if those contracts are related to illegal activity or are otherwise dangerous . For example, a minor can be held responsible if he gets into trouble for signing a contract that lets him drive a vehicle that is too fast or too powerful for him to operate safely.
Contract Signing
Emancipated minors may be able to enter into contracts, whether for their employment or simply with a friend. Even so, however, there are restrictions that still apply to these minors. They can sign contracts as free agents and can even negotiate, but in very rare occasions will those contracts be enforceable for them at the time of signing. They may be allowed to sign contracts that are in their best interests and that the court deems are allowable. However, courts are not so easily convinced. It’s important to remember that none of these issues are made in a vacuum. Parental consent, the employer’s knowledge of the child’s status and the type of contract that is committed to all have potential standing both state and federally.