Defining Emancipation in Kansas
Under Kansas law, child emancipation has two meanings. The first definition extends from the common law. Under this definition, emancipation is the process by which the parents of a minor relinquish their interest to the custody, services, and control of that minor. Ordinarily, a parent or guardian must seek a court order to formally emancipate a minor. However, under some circumstances a parent can relinquish their right to control the minor through informal means. The most common such occurrence is when a parent no longer provides for the minor. A finding of emancipation by informal means typically will not result in the termination of parental rights. In such cases, the minor continues to be legally the child of the parents.
The second definition applies specifically to the rights of minors and young adults. Under the Kansas Children’s Code, "emancipation" is defined as: The legal status of a person who has … lawfully married … is verified by a court … has attained a majority , has and reasonably exercises legal rights of adult persons with respect to personal earnings … engages regularly in occupation for livelihood … is able to support self and dependent family, … the provisions of law relative to the care, custody, maintenance, education and control of a person while a child shall immediately cease … and the jurisdiction of a court and the parties shall immediately cease and terminate. The purpose of this provision is to allow minors to enter into verifiable contracts without having to go through a parent or guardian. The underlying policy behind this provision is the belief that minor children should not be presumed incompetent to act under the law simply because of age. The legal age of majority in Kansas is 18. To legally enter into an employment contract, a lease, or student loans, individuals 16 or older can apply to the court to be declared emancipated. An emancipation petition will only be granted under one or more of the following circumstances: If granted, the minor retains all legal rights of an adult. This includes legal obligations, such as the duty to continue attending school until age 18.
Who Can Be Emancipated?
Eligibility criteria for emancipation in Kansas are generally limited to minors who have reached the age of consent and can financially manage their own affairs. An individual must be at least 16 years old to petition to the district court for emancipation from parental or guardian control. Like other Kansas statutes recently examined by the state supreme court, the emancipation law (K.S.A. 38-120) does not set forth any specific guidelines on how a hearing will be reserved for an emancipated minor.
Due to the Kansas Department for Children and Families (DCF) being unable to devote adequate resources to investigating an emancipation petition, a court may deny a request for decision made soon after a minor first petitions for relinquishment or termination of parental authority.
Emancipation procedure: The emancipation procedure is generally indirect. The emancipated minor does not technically petition the DCF directly for the above-mentioned procedures. Rather, it is the court that may consider a case or petition brought before it by a private party.
Parental notification: Parents or guardians of a minor petitioning for emancipation do not have to be notified of any hearings. This is a significant factor to consider when a minor is considering filing for emancipation in Kansas. There are no exemptions for cases involving acts of domestic violence.
Termination of parental rights: Another relevant portion of this law has to do with a court ordering the termination of parental rights. A determination is made pursuant to the Kansas Parentage Act that a particular parent no longer has parental authority. This authority and guardianship can be awarded to a step-parent, potential adoptive parents or even the state, as with the Kansas Department for Children and Families.
The Process of Emancipation
Obtaining emancipation in Kansas is a legal process that requires filing a petition. A minor seeking emancipation must file the petition with the court in the county in which the minor resides. That means the county in which the minor lives. The petition itself must contain specific information as required under the law. In particular, the petition must contain the residence of the minor and parents, the reasons for seeking to be declared emancipated, and some indication that the emancipation is in the best interest of the minor. The petition also must be signed by the minor, but can be filed by a legal guardian if the minor is too young to sign it.
The petition must be filed with the court home to a hearing to determine whether the minor should be emancipated. After the petition is filed, the court will typically schedule the hearing within 30 days. Notice of the hearing must be given to the parents of the minor at least seven days in advance of the hearing. If 7 days notice cannot be successfully given, a hearing can be ordered without it in certain cases. If no one appears at the hearing, the minor is presumed to no longer be a minor and is emancipated.
At the hearing, the minor must prove by at least a preponderance of the evidence, or more likely than not, that they are entitled to an emancipation. It is a very low standard of proof and difficult for the parent or guardian to resist. A favorable finding results in the minor being emancipated.
The Legal Meaning of Emancipation
While some parents may act to sever the legal bonds of their children under state laws, they also might not be fully aware of what it means to go through the process based on Kansas law. According to the Kansas Judicial Council, satisfying Kansas emancipation laws eliminates many of the rights and duties that otherwise exist under the parental authority. An emancipated minor is expected to be totally independent from his or her parents and assume all obligations and responsibilities that come with adulthood before the age of 18 or 21, depending on the emancipation laws in other required jurisdictions.
An emancipated minor can manage his or her own income rather than having it deposited or paid out through a parent or guardian. In addition, the removed dependency eliminates the minor’s dependency status for Social Security benefits, including worker’s comp and disability payments. Whatever income, property or assets that come to the minor , emancipated or not, will be considered as an adult for civil law purposes, such as inheritance tax and personal bankruptcy proceedings.
Legal expectations also change. An emancipated minor cannot enter into contracts with companies or enterprises that have been created by the state to protect minors from unscrupulous operations. For instance, unless otherwise agreed upon in writing, an emancipated minor can be sued, held legally responsible for deliberate acts and expected to follow through on contractual obligations.
From a medical standpoint, an emancipated minor can make choices about medical treatment that would normally require parental involvement, provided the procedure is not one that is expressly restricted by Kansas law. Unlike an unemancipated minor, who cannot enter into documents to make decisions about living arrangements or when insurance can access health records, there are no such restrictions for an emancipated minor.
Concerns and Challenges
Navigating the Kansas Emancipation Laws: A Guide for Minors and Guardians
In Section 3, we will delve into the challenges and considerations that both minors and families should carefully assess before deciding to pursue emancipation. This critical examination will help guide the minor and family members toward making an informed decision.
One of the most common issues children and their families face with regard to the emancipation process is a lack of understanding of the step-by-step procedures involved or the prerequisites required to begin the process. As such, they struggle to navigate the law in a way that will result in a successful emancipation.
Another issue commonly reported to the courts is that preferred methods of communicating one’s desire to seek emancipation are simply being ignored or rejected by one or more of the necessary parties. Emancipation is a serious matter that directly affects the lives of several people and, ultimately, the future of the minor. As such, those invested in the decision should not be abandoned from the process.
Consequently, the minor should not be left to take on the legal process entirely on their own. Nor can the Nevada courts take the minor’s word for the truth of their situation. He or she should be advised to bring their parents into the fold so that the issue can be resolved like any other family problem.
Indeed, adopting a family-oriented perspective should focus on one primary goal: the future stability and well-being of the minor. Despite the fact that the teen may have his or her heart set on emancipation, the reality is that emancipation does not always guarantee a better outcome.
In fact, if there is a way for the family to work through the difficulties they have been struggling to resolve, it is almost always recommended to do so. Parents and their teen cannot simply walk into the court and expect to be emancipated; the court will want to ensure that the process will ultimately benefit the child. If that future seems uncertain, the court will usually not grant the petition.
It is also important for the minor to consider and understand that emancipation is more of a permanent decision than a temporary solution to a problem. In many cases, the child may simply be trying to "run away" from the family situation and "start over." But life is not that simple. Once the court grants emancipation, it is irreversible.
All of these factors work in tandem towards the same goal. After all, if granted by the court, parents will no longer have any legal responsibility for the minor. Any major moves, including schooling and jobs, will require far more advanced preparation once the court emancipates the minor.
With that in mind, it is essential for the family to remember that there are often multiple solutions to any single problem. If the minor feels strongly enough that their home life is unbearable or their parents will never change their ways, it is their prerogative to disassociate themselves. However, starting down your independence path on a false assumption is only going to make for a far more difficult trip.
Emancipation is a legally-recognized solution for a minor child with an otherwise hopeless living situation. But that doesn’t mean emancipation is the right answer to every problem. There are potentially serious—even dangerous—consequences to the minor.
Emancipation Alternatives
While emancipation is one option for a minor seeking independence, in many cases other options may be more suitable. The alternative discussed here – guardianship – is not available to every minor, and certainly does not have the general advantages of living on one’s own. However, it may be a viable option if emancipation under Kansas laws is not practical or advisable for a family.
In Kansas, a court may grant a guardianship over a person who is incapacitated (incapacity due to a mental or physical condition which impairs options to join in decision making). The guardian is then authorized to act on behalf of the person enti (also called the ward).
This goes beyond parental rights because the court’s involvement includes family or other remedies offered by Children and Family Services. If a minor has been physically or sexually abused by a parent or other household member , the court may impose restrictions as it deems necessary to protect the child.
If the minor is at least 16 and not yet 18, the district court may appoint a limited guardian, or extend the rights of a previously appointed guardian up to the teen’s 18th birthday. When the court grants jurisdiction over the minor’s person to a guardian, the court will also order appropriate visitation with a parent, guardian, or other person having interest.
The responsibilities and authority granted to a legal guardian over a minor are similar to those of a parent. However, it comes from legal authority rather than mere parental consent. An individual under 18 maintains as a minor in Kansas until they (1) reach 18 years of age, (2) marry, or (3) enter upon military service.