What is Emancipation?
Emancipation means a minor is legally free from their parents or guardians. In return the minor takes full responsibility for their own life, including finances, housing and healthcare. Once emancipated a minor can sign contracts but they still have age restrictions like voting and buying alcohol.
Can Minors Get Emancipated in Wisconsin?
In Wisconsin, minors cannot get emancipated through a traditional court emancipation process. However, you can become emancipated if you get married with parental consent or enlist in the military. Knowing the state laws is key before you take this big step.
How to Get Emancipated in Wisconsin?
Minors can become emancipated under certain conditions:
• Marriage: If a minor gets married they are emancipated. But they need parental consent to marry if they are under 18.
• Military Service: Enlisting in the military also emancipates a minor but this requires both parental consent and meeting the military’s minimum age requirement of 17 years old. This applies to all branches of the military, including the Army, Navy, Air Force, Marine Corps, and Coast Guard.
Wisconsin doesn’t allow minors to petition the court for emancipation like other states. So if you’re looking to be independent from your parents or guardians you need to explore other legal options.
Other Options to Emancipation in Wisconsin
If you’re a minor in Wisconsin and having a tough home situation emancipation may not be your only option. Here are a few alternatives:
• State Help: If you’re in an unsafe or abusive household you can contact Wisconsin Child Protective Services. They can find you a safe place to live and provide support without requiring full legal independence.
• Guardianship: Another option is to seek guardianship through the court. This means someone else, like a relative or trusted adult, would take care of you instead of your parents.
What Rights Do Emancipated Minors Have?
If you become emancipated through marriage or military service you get many of the rights of an adult including:
• The ability to sign contracts (e.g. lease agreements)
• The right to make medical decisions
• Control over your finances
But even as an emancipated minor you’re still subject to age restrictions. For example you can’t drink until you’re 21, you can’t vote or buy cigarettes until you’re 18.
Why You Should Talk to an Attorney
Because Wisconsin’s laws on emancipation are complicated and limited it’s a good idea to talk to an attorney if you’re considering this route. An experienced family law attorney can explain your options whether it’s through emancipation, guardianship or another way. At O’Flaherty Law we can help you know what’s best for your situation and walk you through the process.
Call today if you’re a minor in Wisconsin and looking to emancipate or need to know your options - 630-324-6666 or schedule a consultation. We're here to help!
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