emancipation of minors in DE

[lessist]

I've looked everywhere for DE laws about the emancipation/declaration of minors but there is none available. There are no forms on the Family Court website. Is it not legal in DE? Or is it just by special request that you can acquire a petition for emancipation?

 

[seniorjudge]

You become emancipated by moving out and getting a full-time job and supporting yourself 100%.

 

[jacksgal]

You could not find anything because it appears, like other states, DE does not have a statute for process

 

[lessist]

I'm sorry for asking so many questions. :[
but...don't you have to fill out some forms and take it to Family Court, have your parents and judge sign the papers? Are you saying that there's not a legal process...you just move out, get a job (does it have to be full time?), and pay for all your own expenses? and my parents told me I'm not even allowed to move out unless someone signs over as my temporary guardian, which means I'd never have a chance to show I could move out on my own and support myself before being emancipated. Is that true?


jacksgal: does that mean you can't be emancipated at all in DE?

 

[cbg]

Not all states allow minors to be emancipated.

That means that you cannot move out before the age of 18 unless your parents give you permission. Your parents are correct.

 

[lessist]

Okay so...without any legal process, I can move out with my parents consent? and they can't get in trouble?

 

[cbg]

That depends on what you mean by, in trouble.

There is no law prohibiting them from allowing you to move out before you are 18. But they are still legally and financially responsible for you until you are 18 regardless of where you are living, so if you were to, for example, cause damage to the place you were living, they would be responsible for paying for the damage and seeing that you showed up for any legal proceedings.

 

[cbg]

BTW, yes, you were correct above. You cannot be legally emancipated in Delaware.

Keep in mind that emancipation laws, in the states where they exist, are NOT for the purpose of allowing teens to leave home. They never were. They were and are for the purpose of providing legal protections to those teens who, for reasons beyond their control, find themselves on their own.