Denver, CO asked in Family Law, Child Custody and Juvenile Law for Colorado

Q: I need to know about how to help a minor get emancipated

The minor has a job and intends to move in with 2 other people over 18 in a few months

1 Lawyer Answer
Rebecca Pescador
Rebecca Pescador
  • Divorce Lawyer
  • Westminster, CO
  • Licensed in Colorado

A: Emancipation in Colorado is not something that easily fits in a checklist. It is based on several factors and ultimately the judge uses discretion to weigh all of those factors and make a decision. The bottom line is whether the child can demonstrate a full ability and active effort to currently support themselves at the time they are requesting to be emancipated.

Some of the key factors involve education completed, plans for further education, having a job, and being able to support themselves in terms of food, housing and transportation. If they are paying rent and paying for their own transportation and food, that is going to be more helpful than if someone is letting them live with them and still helping to support them by letting them have no rent or very minimal rent and buying most of their food. The child needs to be able to demonstrate that they are no longer dependent on others for their health and maintenance. That doesn't mean they can't be receiving any help, or trading work around the house for rent, but those things will be looked at closely.

To really get a good answer for your question, you need to consult with an experienced family law attorney about the particulars of your situation. This kind of situation is very fact specific.

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