What is "Emancipation"?

The act of freeing someone from restraint or bondage. For example, on January 1, 1863, slaves in the confederate states were declared free by an executive order of President Lincoln, known as the "Emancipation Proclamation." After the Civil War, this emancipation was extended to the entire country and made law by the ratification of the thirteenth amendment to the Constitution. Nowadays, emancipation refers to the point at which a child is free from parental control. It occurs when the child's parents no longer perform their parental duties and surrender their rights to the care, custody and earnings of their minor child. Emancipation may be the result of a voluntary agreement between the parents and child, or it may be implied from their acts and ongoing conduct. For example, a child who leaves her parents' home and becomes entirely self-supporting without their objection is considered emancipated, while a child who goes to stay with a friend or relative and gets a part-time job is not. Emancipation may also occur when a minor child marries or enters the military.

Copyright © 2005 Nolo

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NAN - January 2, 2006 2:15 AM

WHAT IS THE LEGAL AGE A TEENAGER CAN LEGALLY MOVE OUT OF A PARETS HOME. & IF THE CHILD DOES LEAVE WHILE NOT OF LEGAL AGE WHAT CAN THE PARENT DO TO PREVENT THIS?

THANKS
NAN

MissG - February 9, 2006 4:00 PM

It is my understanding that a teenager can move out at the age of 17 in SC, but that the parents are still legally responsible for the teen until he/she turns 18.

I don't understand the logic in it and have been persuing answers to what the parent's rights are in these circumstances.

We may be moving to another State and have no idea what to do if our teen moves out at 17 and we move have to move away.

Does anyone have any answers?

t - February 19, 2006 4:41 PM

it's our understanding - from a cop a few months ago the age is 16 at which you can't make them do anything anymore (emancipation also). found this out when trying to track down our 16 yr old daughter who didn't come home for the first time that night. the kids are all aware, also, that they have the freedom to do as they please once they are 16. makes it extremely difficult for parents to be parents, and yet still remain responsible for what their kids decide to do - because they can.

kim - May 30, 2006 2:53 AM

I am from South Carolina.I have 3 teens. At this time 1 has run away or as the local police say - she moved out. The local police tell her she can move out at 17 and there is nothing we parents can do. My Question is where is my Constitutional right to parent my children?It is time the parents of South Carolina take back control of our teens. Do we not have the right to to decide care,custody and control of our children?

Kim - May 30, 2006 4:52 PM

As I have been told - The issue of 17 year olds in South Carolina fall in a gray area.I have been in contact with many goverment offices.The Attorney Generals office is send me anything they have on it.I want to form a group and change what the police are telling our teens and take back control- may even mean going to the SUPER. Court but we have Constitutional Rights as parents and South Carolina is walking all over our rights.Anyone whom would like to join in my fight for our rights can contact me at akprivette@yahoo.com

Chloe - June 27, 2006 5:59 PM

I think people should look at the pic pisture. What is wrong with your child moving out at 17. There are kids out there that are in a bad home. I think the system is all messed up. You can smoke and go to war to get yourself killed at 18, but you can't drink. It's not about age it about responsibility.

Kim - July 12, 2006 6:21 AM

To address the above comment;
I am not so much against 17 year olds moving out as I am that we parents could be force to foot the bill for their mess ups.I agree that some kids are in bad homes and there are laws in place to protect those kids.We now need laws on our books to protect us parents from out of control teens.
As far as the drinking age- well- in SC you can drink in your parents home - if your parents purchase it for you legally -under 21- you just can not drink any where else. You can look this up under S.C. Code of law-not sure of law code without looking it up- I think it is under title 20 but not 100% sure. You can also check SC teen law.

Samantha - July 14, 2006 1:27 AM

I'm 16 turning 17 in september. i live with both of my parents and i'm miserable. i love my mom with all my heart but my dad is an alcoholic and he doesn't treat me good. i've begged my mom to let me move in with my aunt but no. i can't ask her to divorce my dad because she loves him and i don't want her to make a sacrifice like that for me. i want to move in with my boyfriend but i don't know if i can or not. could anyone tell me if it's legal? oh and he's 18 if that makes a difference... thanks

Ray - September 18, 2006 9:39 AM

I live in SC (york County) My son has a friend whos family is divorced. he lives with his mom , But she is milking the state for all its worth, they live in a homeless shelter and this kid is misreable. we have offered to let he live with us and we will take care of him till his mom gets it in her head to get off her butt and quit living on the state (she has a degree in acounting)he is 15 , can he legaly live with us without his moms approval, is dad is out of the picture. if he ran away and stayed with us could we get in trouble . and how much and who could i contact to make this happen. This is a very bright kid going downhill fast . his mom does not even stay with him in the homeless shelter , she is over a friends house most of the time.

Shalundra Bruton - December 13, 2006 10:48 AM

I have a niece who turned 16 yrs. old 11/24. She has suffered emotional trauma and physical/ verbal abuse for the past few years in her home. The current living condition with her mother and step father is not healthy for her. She has been begging and pleading for help. Her mother refuses to grant her the right to live with her paternal grandparents, who can provide a better living environment and parental guidance. Recently she ran away and was gone for 2 days. There has been reports of abuse in the past. She refuses to return home and wants to live with my parents and transfer schools. What can she do?

eddie - December 13, 2006 10:06 PM

As a soon-to-be seventeen year old i think parents should support their children in their decisions. Parents should consider their children, not just themselves, when they make decisions and provide support when their child wants to take a big step such as this. My father(single parent) says he will not let me leave, so i will be going without his knowledge or his consent. Parents should at least let their children attempt to make it on their own, so the children don't have to sneak off like myslef.

annie - December 18, 2006 1:06 PM

There is way too much misleading info leading to one major question....What is the legal age a child can legally move out. Our attorney says not until 18 without permission.

jessica - January 2, 2007 10:36 AM

Me and my sister both are also about to turn 17 and I have recently learned from a friend about the inbetween age where your not an adult and your not a child, it was described to me as legal limbo. Anyways im trying to find out as much info as possible because i plan on moving out soon and i just wanted to know if my parents could bring me back homebecause im not emancipated? Also a very good point was made, some teens need to be able to move out. For example, Im an honor roll student, Im in the top of my year, and i manage to keep a full time job, but it will never be enough for my parents and if they dont let me move out, i plan to drop out of school,even though i have already been offered 3 scholarships.

alyssa - January 8, 2007 7:45 PM

I am 16 and i am pregnant with my boyfriends baby. My parents have been making both my life and his life miserable. We plan to get married very soon, we hope, or at least in a few months. My parents yell at us and tell us that I have to be 17 before I can even walk out of the house legally without permission. And they will not sign a paper for marriage, and say that I have to be 18 before I marry my boyfriend. Is it legal for me to move in with my boyfriend, marry my boyfrend, or spend a weekend with him without my parents permission? He is 18, if this makes a difference. Thanks-

MamaL - January 28, 2007 5:11 PM

The point to the young people on this page, sometimes you trade one problem for another, such as leaving with no means of support and no education. My daughter could not hardly wait to move out when she was 18, which she did while still in school. She lied to friends and told themr we kicked her out. She was soon into cutting classes, staying out late and drinking and drugs. She then moved up north, where she is now pregnant, working and trying to finish school while helping pay all the bills. She had to make that bed....now she is having to lay in it. If she were to call and need help, I would send her a card to a food store, buy her some cloths or get her a gas card...oh, wait, she hasnt got her liscence yet...but I will not support her and HER bad choices, just as my parents did not support their children who made bad choices.
Now our 16 year old is thinking the same way, but has no job, no money saved, bad grades....what are you young people thinking?????

Mike - April 9, 2007 9:32 AM

does this law apply to even children at age 17 who are in foster care is what im trying to figure out

jennie - April 17, 2007 11:33 AM

what you teens don't realize is (and don't seem to care) that your parents love you and worry about you. They want to make sure you are able to take of yourselves before you make the big leap into adulthood.
you have no clue about how difficult it is out there when you can't depend on mom and dad to fix your problems. Most of the people i know who moved out before they were a functioning member of society regret it. Also many kids who easily reject their parents come running back and expect their parents to let them move back in. And of course since their parents are legally "responsable" they have to let them back. That's not fair at all.

JKing - May 3, 2007 6:14 PM

If you are 17 and live in new york but runaway to S.C can you still be considered a runaway if there legal age is 17?

mrstag - May 3, 2007 10:52 PM

My 17 yr old niece lives in an abusive situation in SC. Her parents have given her permission to come live with us in another state. We would prefer to have her emancipated so that her parents can have no say-so in the decisions regarding her life (they are abusive, drug addicts). I cannot find any information on the emancipation process. Does anyone know where to start?? Thanks for your help!

REE - May 30, 2007 8:10 AM

Im 17 live in florida i want to move out my mom wont let me altho my boyfriend owns a house and is willing to sign it over to me as a gift so that I would own it and now if i moved out of my moms boyfriends house and moved in to my house would i be considerded as a runaway altho im at home?

heather - June 19, 2007 11:46 AM

i am 17 and live in louisiana and i was woundering if i move out with out my parents permission adn have a job and a place to stay can the police make me move back home cause i'm not emanciated ? please let me know as soon as possible thank you !!!

Kate - June 21, 2007 3:07 PM

I am 16 years old and for insurance purposes my parents and I think my being emancipated to solve the situation. Can I still live with my parents and be emancipated?

Sadie - March 25, 2008 12:03 PM

see, what alot of these parents dont understand,
is that not all parents are decent.
you may love & care for your children.
but that doesnt mean everybody does the same.
i think laws regarding emancipation should be more lenient.
17 is a fine age to move out,
when youve already been through experiences a 30 year old wouldnt know what to do with.
there need not be any "taking back yor parental rights"
because in doing so,
you could be adding on that extra year to some kids life that will be the end.
children kill themselves because of the pressure.
being that there are no emancipation guidelines in SC,
i think that you shouldnt force your children to comply with you & your rules.
let them make their mistakes, but be willing to take them back when they fall.
its not about property & ownership.
though, it seems i read alot of that today.
love your kids,
dont push them away from you because you cant handle that 1 year of early separation..

dayday - June 4, 2008 12:32 AM

yes i am 16 and i have a 18 year old boyfriend im wanting to move in with him within the next few months i wanted to know if my parents could stop me and i am about to turn 17 in 4 months

Pamela - June 23, 2008 9:00 AM

My daughter is 16 and lives with her father in Goose Creek she wants to live with me full time in Moncks Corner but he wont let her. Last November there was an incident in her fathers house and he hit her. DSS got involved and I was told that her case was only the 2nd case in the past 20 years that DSS walked away from. DSS was prepared and recommended removal of all 3 children in the home and to assign a Gaurdian. Because we already have a Guardian assigned they dropped the case because we agreed to handle it in a private matter. It was never addressed again after leaving court. She was returned to her fathers house where she currently lives with a step mother who is only 9 years older than she is. My ex won't let her live with me because he is still punishing me for ending our marriage and wants to control and make me suffer. Really hes making everyone suffer and the Gaurdian isnt doing anything about it. He has lots of money and I dont! Can she leave at 16 or does she have to wait until she's 17 so I won't get into trouble. Help! I don't know what else to do . If she doesn't come to me she going to end up on the streets. She can't take it at her fathers house anymore.

brenda - July 9, 2008 3:27 PM

I see the question being asked but still not a concrete answer

What age can a child move to the other parents home without any court issues arising?

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