In family law, the process of becoming a legally emancipated minor is relatively simple—most states are fairly liberal about allowing a minor of appropriate age and means to simply fill out a declaration form. However, considering all the available options, consulting a mediation attorney before things get to this point can be in everyone's best interest. Unless extreme levels of abuse are apparent, mediation can provide acceptable alternate outcomes.

Family Mediation and Other Alternatives

In many cases where a minor chooses to become emancipated, alternate situations can usually be negotiated through family counseling and mediation. The issues between the family members may be worked out through these sessions. If the differences are irreconcilable, there are still options for alternate living arrangements.

The minor can live with another responsible adult, such as another family member or friend of the family. The family can seek assistance from private and public agencies, such as children's homes. The parents can simply agree to let the minor live on their own—perhaps with a modified emancipated status.

Why Choose Mediation Services over Emancipation?

Declarations of emancipation leave the parents with little choice in the future of the minor. In fact, a judge may order that the family undergo mediation before actually deciding on the question of emancipation. Additionally, while emancipation means that the minor no longer has to live with his or her parents, it can enforce a level of adulthood they may not be prepared for, and deny aspects of adulthood that they may desire.

For instance, the judge may require that the minor be self-sufficient financially—meaning that during the time of being an emancipated minor, the minor will not seek or receive state or local assistance. Additionally, an emancipated minor will still have to attend school and will not be able to marry without parental consent until the age of 18. Further, a judge may, at any time, revoke this status.

Judges in these cases are concerned with the welfare of the minor, and consulting a mediation attorney for alternatives is ultimately what's in the best interest of the minor.