By Joan Leah Middleton

For those of you who are parents of teenagers, make certain you have good parenting skills and continue reading this article. Here’s what your kid can do if you are not a good parent. In Washington, a resident who is at least 16 years old but not over 18 can petition the court for emancipation. If emancipation is ordered, the 16 or 17 year old will be legally declared an adult. Self-help materials for teens are available online at www.washingtonlawhelp.org and the forms to petition the court for emancipation are straightforward, easy to use and the directions are written for teens to understand.

There is a $50.00 filing fee to file a Petition for Emancipation but the filing fee can be waived if the young person does not have the money. The parties must be served which includes the parent, guardian, custodian or the Department of Social and Health Services (DSHS) if the department is involved.

At the hearing on the Petition for Emancipation the court will make the determination whether the petitioner (a/k/a the teen) has proven certain facts by clear and convincing evidence. Petitioners, in addition to being 16 or 17 years of age and having Washington residency, must have the ability to manage their financial affairs as well as their personal, social, educational and non-financial affairs.

Opposing Emancipation
If there is opposition to the Petition for Emancipation by a parent, guardian, custodian or the department, the court must also find there is clear and convincing evidence that the denial of emancipation would be detrimental to the child’s interests.

Where the petition is challenged, the young person must show how he or she would be hurt if the emancipation petition is denied. This could include showing the court that housing needs would not be met and the young person’s job is his or her only source of income. The young person can also provide the court with evidence of physical or psychological damage caused by continuing to live with the parent or guardian. The young person is expected to show the court school and health records indicating the ability to attend school and take care of personal needs. Statements of support from friends and family members are helpful for the court to review, too. The court will likewise need to see both the proof and source of the young person’s income and that the child’s monthly expenses do not exceed this income.

Rights of the Emancipated
Upon emancipation, the minors are considered to have the power and capacity of adults. These rights include but are not limited to:

Termination of parental financial support obligations including the parental obligations imposed by dissolution;

• The right to sue or be sued;
• The right to retain earnings;
• The right to establish a residence separate from parents;
• The right to enter into contracts;
• The right to act autonomously in all business relationships;
• The right to work and earn a living; and
• The right to give informed consent for medical treatment.

The emancipated teenager cannot be considered an adult for the purposes of voting or consuming alcoholic beverages, or when a victim of a criminal act when the age of the victim is an element of the offense, such as statutory rape. Likewise, the emancipated teenager cannot be considered an adult for the purpose of adult criminal laws unless the decline of jurisdiction procedures are used.

Emancipation Identification

Following the decree of emancipation, the young person can take a certified copy of the decree to the Department of Licensing to get a Driver’s License or a Washington Identification Card stating that the minor is emancipated. It is important to remember that an emancipated young person can enter into non-voidable contracts including real estate transactions. They can manage the money they earn without parental or guardian involvement.

In recent years, some infamous California emancipation cases involving child stars in the entertainment industry resulted in the parents no longer managing their children’s considerable assets. Another way of saying this is, if your kids are in the entertainment business or are star athletes, be careful how you manage their money. They can fire you. n