In Nebraska, minors between the ages of 16 and 19 can request a judgment of emancipation, effectively allowing them to have more control over their lives and make decisions typically reserved for adults. Emancipation is the legal process in which a minor is granted autonomy and independence from their parents or legal guardians. Despite their age, emancipated minors are treated as adults for various purposes under the law.
While emancipation does not grant full adult status, minors gain some of the rights that come with adulthood, including handling their own affairs; entering into contracts; enlisting in the military; marrying; applying for public benefits; suing someone or being sued; and making decisions regarding their school enrollment, healthcare, and where the minor will live all without any parental or legal guardian consent or oversight. However, emancipation does not grant certain rights that are age-restricted, such as the right to vote, purchase and use alcohol and tobacco products, and gamble. Further, emancipated minors must stay in school until 18, as required by Nebraska law, and are subject to child labor laws, limiting the hours a minor can work.
A minor must meet several criteria to be eligible for emancipation. The minor must willingly live apart from their parent or legal guardian. The minor must be able to support themselves without any financial assistance from anyone, or they are in a situation where they do not have a parent, legal guardian, or custodian financially supporting them. The minor must be able to manage their affairs without the guidance of a parent or legal guardian. The minor must demonstrate their commitment to education, vocational training, or employment. Further, the court must find that emancipation is in the minor’s best interest.
In some instances, all parties involved (i.e., the parents or legal guardians and the minor child) might consent to the emancipation. In such cases, the minor can likely proceed with the process on their own without the need for legal representation. The Nebraska Supreme Court website provides information and forms for such individuals, making emancipation accessible and less costly for those who qualify. However, if all parties do not agree on the emancipation, the minor child seeking to become emancipated should seek legal representation. Minors seeking emancipation should carefully consider the rights and responsibilities they will gain and any potential challenges they might face as emancipated minors. Legal counsel can help minors navigate the legal process effectively, protect their best interests, and uphold their rights. Often, minors seeking emancipation are unfamiliar with how legal processes work or how to find a lawyer at a rate they can afford. The Volunteer Lawyers Project is an excellent source for them to find representation at a free or reduced rate.
At McGill Law, we believe everyone should have access to the court system. Our attorneys are proud to work with the Volunteer Lawyers Project on cases such as emancipation to provide our experience and legal knowledge to help minor children navigate the judicial system.