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Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 9 years ago

Can a seventeen year old living in Alabama file a petition for an emancipation on their own?

Or must their parents do it?

Please and thank you!

3 Answers

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  • wizjp
    Lv 7
    9 years ago
    Favorite Answer

    ALABAMA: In Alabama, the age of majority is nineteen. The Alabama code describing the emancipation procedure is designed to expand the rights of minors over the age of 18 but under the age of majority. Parents can file an emancipation petition with the court or the minor seeking emancipation can file the petition if that minor has no parents or if a living parent is insane or has abandoned the minor. The court will then decide if a decree of emancipation is in the "interest of such minor."

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  • WRG
    Lv 7
    9 years ago

    Neither.

    In Alabama the age of majority is 19 years old. You can only apply for emancipation if you are 18 years old.

    Alabama Code: Section 26-13-1

    When authorized; procedure generally.

    The several juvenile courts of the state are authorized to relieve minors over 18 years of age from the disabilities of nonage in the following cases and none other:

    (1) Whenever the father or the mother of such minor shall file a petition with the court, in writing, requesting that such minor be relieved from the disabilities of nonage, and the court shall be satisfied that it is to the best interest of such minor. The parent filing such petition shall aver whether he is the guardian of such minor.

    (2) Whenever any such minor, having no father, mother or guardian, or if a parent is living but is insane or has abandoned such minor for one year, shall file a petition with the court to be relieved of the disabilities of nonage, and the court shall be satisfied that it is to the interest of such minor.

    (3) Whenever any such minor, having no father or mother, or if a parent is living but is insane or has abandoned such minor for one year, but having a guardian, shall file a petition with the juvenile court to be relieved from the disabilities and the guardian shall join in such petition and the court shall be satisfied that it is to the interest of such minor. (Code 1876, §2735; Code 1886, §2357; Code 1896, §829; Code 1907, §4505; Acts 1923, No. 562, p. 735; Code 1923, §8280; Acts 1936-37, Ex. Sess., No. 95, p. 110; Code 1940, T. 27, §13.)

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  • 9 years ago

    "the minor seeking emancipation can file the petition if that minor has no parents or if a living parent is insane or has abandoned the minor. The court will then decide if a decree of emancipation is in the "interest of such minor."

    http://www.enotes.com/everyday-law-encyclopedia/em...

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