Can You Move Out At 17

Can You Move Out At 17? Find Out!

5 Mins Read July, 07 2023 Posted by Titas Ghosh Chaudhury

Remember Nathan from One Tree Hill?

Nathan had decided to get emancipation from his dad, Dan Scott, a manipulative and abusive father. Like Nathan, in the US, many teens wait just till they turn 18 to escape a difficult or toxic home environment.

Before we start talking about emancipation or whether you can move out at the age of 17, let’s address the most serious issue here. If you’re getting abused at home, then don’t worry, you’re not alone. It’s a very common problem in the American household. We’d suggest you seek out help from legal enforcement to rescue you from this situation. Don’t worry, we are here for you! 

Now, coming to the blog, this will help you out knowing if you can move out at the age of 17. You might be even wondering what emancipation is. Don’t worry we’ll answer all your questions. Keep reading to know about it in detail.

What is Emancipation?

Emancipation has a very distinctive meaning and it is political in nature. It grammatically means to free someone from any restraints. 

The idea of emancipation came from the proclamation made by Abraham Lincoln after the 1863 Civil War. Since he was the major flagbearer of abolishing slavery, the proclamation was very successful during that time. 

However, emancipation doesn’t mean the same thing here. This means you can get out of parental control and become an “independent adult”. 

Emancipation laws from place to place in different states. Some states like Texas allow you to move out at the age of 14, while in other states it confers to the age of 17.

Before you move out of your house, you need to tick all the eligibility criteria. They are: 

Financial Support

If you’re someone who is financially independent, the court would grant you emancipation. However, make sure the financial help you’re receiving is not by performing any illicit activities. Even receiving money from welfare is not valid to ask for emancipation. 

Living Conditions 

If the court sees that you’re getting abused mentally and physically in your current household, then the court will grant you your emancipation. 

Decision Making 

The court will carefully evaluate your decision-making skills.  If you seem to be fit enough, they will allow you to move out of your house. 

Maturity 

Maturity is not something that comes with age. The American judicial system sees it that way and makes its decisions about emancipation. If you can prove to the court that you’re mature, you will get your emancipation. 

Education 

The court will determine your financial self-sufficiency if you have completed your education. They will evaluate your financial conditions and then grant you your emancipation. 

Pregnancy 

You can be pregnant and ask for emancipation. Even if you wed the father, that would also grant you an automatic emancipation.

How To File For Emancipation? 

Other than residing in Maryland or Delaware, you can easily get emancipation through courts. The age of emancipation in different states is 16. While in California the age of emancipation is 14. These ages vary from state to state. 

To get emancipated, you first need to follow the following steps: 

  • File a petition with your lawyer’s help in the court. The petition should entail the valid reasons for getting emancipated. 
  • Pay an emancipation fee of 150-200 dollars as determined by your state. 
  • Be available during the hearings. 

Do You Need A Lawyer To Move Out At 17?

It’s generally a good idea to have legal representation throughout the emancipation process. An attorney can guide you, help with paperwork, and represent your interests in court. You can do a quick Google search on emancipation attorneys near you.

Legal matters can be complex during this time. With all this going on, you should seriously consult with a lawyer who specializes in family law, or emancipation is highly recommended. They can provide you with advice based on your specific situation.

Rights And Duties In Emancipation

Emancipation can grant you the right to make your own decisions about important matters like where you’ll live, entering into contracts, decisions about your healthcare, and even your education. However, it also means that you will have to take on a lot of responsibilities. This can include all the challenges and responsibilities that come with adulthood, such as paying bills, finding employment, and managing your finances.

Emancipation: Federal Laws

When it comes to federal acts, none of them specifically address emancipation. However, there are a couple of federal acts that can help protect young people who are emancipated.

The first one is the McKinney-Vento Homeless Assistance Act. This ensures that homeless youth, including those that are emancipated, can still access education and support services. It helps them stay in school even if they don’t have a permanent home.

Another act is the Affordable Care Act (ACA), which allows young adults, including those who are emancipated, to stay on their parent’s health insurance plans until they reach 26 years old. So even if you’re emancipated, you might still have health coverage through your parents.

Finally! Can You Move Out At 17?

Yes, you absolutely can. But do check the laws of which state you reside in first. To get emancipated, you need to go through the court system and show the Judge that you’re mature enough to handle life on your own.

You will need to show that you have a steady income, a safe place to live, and the ability to support yourself financially. Each state has its own specific requirements and procedures for emancipation, so it’s important to research and understand the rules in your area.

Keep in mind that emancipation is a serious step, and it’s essential to consider the potential consequences and whether it’s the right choice for your unique situation.

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Titas Ghosh Chaudhury

Titas is a lawyer with a penchant for writing. In her leisure hours she likes to read books and collect Pokemon plushies and stay updated with different law judgements.

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