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What are the rights of an emancipated minor?

Many minors struggle to find their own sense of personhood and direction while under their parents' roof. This is a normal part of growing into a new season of life and personal responsibility.

However, some minors understand that their parents or guardians do not have their best interests at heart or cannot offer the guidance and protections that a child should expect from a parent. In some instances, a minor may choose to seek emancipation from his or her parents.

Emancipation grants many of the legal rights and responsibilities of an adult, including the right to:

  • Buy, inherit, or sell property
  • Engage in a lawsuit
  • Get married without parental permission
  • Enter into many types of contracts, like employment agreements or property leases
  • Vote
  • Write a will and build an estate plan
  • Determine his or her own medical treatment
  • Obtain a driver's license

It is important to understand that that not all emancipated minors may enjoy all of these rights immediately, depending on their age or other factors. Emancipation does not override age restrictions or other limitations on these rights. For instance, an emancipated minor may possibly have the right to get a job working at a restaurant that serves alcohol, but may not legally drink while still underage.

If you believe that you may benefit from emancipation, you must make sure that you understand all your legal rights and responsibilities before you move forward. You can consult with an experienced Texas family law attorney to assess your next steps and help ensure sure that you preserve your rights and interests throughout the process.

Source: FindLaw, "Automatic Emancipation of Minors," accessed Feb. 16, 2018

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