A Georgia child does not become emancipated by moving out, earning a paycheck, or being told to leave.
What Emancipation Changes
Under OCGA 19-7-1(a), “[u]ntil a child reaches the age of 18 or becomes emancipated, the child shall remain under the control of his or her parents, who are entitled to the child’s services and the proceeds of the child’s labor.” Emancipation ends that control early.
The status also has to be proved before a 17 year old can marry. No Georgia marriage license issues to a 17 year old without “documentary proof that such applicant was emancipated by operation of law or pursuant to a petition filed with the court,” and at least 15 days must have passed since it happened. OCGA 19-3-2(b).
The Two Routes
That same subsection names both. One is emancipation “by operation of law.” The other is a “petition filed with the court as provided in Article 10 of Chapter 11 of Title 15,” which is the Juvenile Code, and there a certified copy of the order is the proof.
A parent can also give up parental power voluntarily. Under OCGA 19-7-1(b)(4), it is lost by “[c]onsent to the child’s receiving the proceeds of his own labor, which consent shall be revocable at any time.”
Leaving Home Is Not Enough
In Hicks v. Fulton County Department of Family and Children Services, 155 Ga. App. 1 (1980), a 14 year old left her father’s house, stayed with each of her two sisters and then with a third party, and had a baby of her own. Her father argued that by abandoning his home and supporting herself and her child she had emancipated herself. The Court of Appeals disagreed, pointing out there was “no evidence to the effect that this minor is working and thus supporting herself.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!