Emancipation Law for State of Mn
Minnesota law does not provide a distinct process for minors to become emancipated from their parents. However, a court can use its discretion to declare that a child is emancipated by applying certain factors, but there is no way to predict how a court will rule on the issue. The law is complicated in this area because it seeks to protect both the parents and the children. Emancipation can be expected to occur:
- by reaching the age of eighteen,
- by lawful marriage (Lundstrom v. Mample 285 N.W. 83 (Minn. 1939)),
- by implied or express parental consent (In re Fiihr 184 N.W.2d 22 (Minn. 1971)), or
- by court order.
Emancipation is often a complicated and confusing process, and there may be other legal options that may be more effective for your situation.
Steps to Seek Emancipation
If you decide emancipation is the best option for you, the process is to complete legal forms, which are commonly known as “emancipation papers” or “emancipation forms,” and file them with the court. Then the court will hold a hearing, where the person seeking emancipation attends. On average, court and attorney fees total $3,000. If parents contest the emancipation petition, the fees will be higher.
How Much Does an Emancipation Attorney Cost?
Emancipation attorney help is not cheap. Hiring a private attorney may cost $5,000 to $10,000.
However, this page provides a list of volunteer attorneys who provide pro bono services in Minnesota.
Get Immediate Help
Often, you need more than help from the courts. You need to talk with someone experienced with your problems or you need to find safety. Here are some additional resources to get help outside of the court system:
- Minneapolis Police | Child Abuse Resource
- Focus Adolescent Services
- CornerHouse Minnesota | Child Abuse Evaluation and Training Center
Get Legal Help
As noted above, I do not practice in this area. To find an emancipation attorney, you can contact either of these organizations:
- Youth Law Project at Mid-Minnesota Legal Aid
612-332-1441
youthlawproject@mylegalaid.org - Tubman
612.825.0000 (24-hour hotline)
To find an emancipation attorney, you can contact either of these organizations:
- Youth Law Project at Mid-Minnesota Legal Aid
612-332-1441
youthlawproject@mylegalaid.org - Tubman
612.825.0000 (24-hour hotline)
