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There is no emancipation statute in Pennsylvania and cases are determined on a case-by-case basis looking at the facts. The key factor is if the minor child has already established independence. This would include financially supporting themselves and living apart from their parent or guardian. Any judicial determination is not permanent and can be revoked if the circumstances change. Further, it is not enough for a minor child to point to an intent to live independently. Instead, they must already evidence their independent status prior to a formal determination. Marriage and enrollment in the military usually favor an emancipated determination though the same criteria should still be considered regarding independence. Overall, it is a very hard legal standard to reach.
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In most cases, you will find a judicial determination isn’t needed. Administrative agencies can make their own determination regarding a minor’s status. For example, the Department of Public Welfare would make that determination for a minor applying for public assistance. A school district can make that decision for a minor child attending one of their schools. Emancipated status is always for a specific and limited purpose. Examples of the most popular purposes include medical consent, ability to sign legally binding contracts (e.g. a lease), receipt of public benefits, and school enrollment. There is no general emancipated status that would give a minor all the same rights as an adult.

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Emancipation terminates a parent’s obligation to support their child. Emancipation generally occurs when a minor reaches the age of 18 and has graduated high school. Whether a minor can be emancipated even before that time is a fact-intensive analysis. An emancipated minor must demonstrate they are able to assume all legal responsibility for themselves. Factors that are often considered include the child’s age, marital status, ability to support themself, and the desire to live independently of their parents. A decision on emancipation would be made based on the totality of the circumstances after examining all the facts in any given case.

Even if a minor is determined to be emancipated, it is not necessarily a permanent determination. If the circumstances supporting emancipation change, the child may no longer be considered emancipated. Based on PA case law, a minor’s marriage weighs heavily in favor of finding emancipation. Other key factors based on case law include the child moving out of the parent’s home and having a job to support themselves. Often times, emancipation may be raised if the child stops attending school prior to completion, particularly by parents who do not believe they should continue to be liable for support.