Emancipation in Maine
If you are at least 16 years old and want to live on your own away from
your parents, a law in Maine may help you. This law allows minors (people
under 18 years of age) to become emancipated. This means that you are no longer
subject to the control of your parents and can be treated as an adult
by others. As you will read below, the courts follow strict standards to
determine if you have a plan in place that will allow you to live independently.
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Does emancipation give me all of the rights and duties of an adult?
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No. For example, you would not have to register for the military service.
You would still not be allowed to do other things that have legal age limits,
like drinking alcohol, smoking, and voting. The juvenile court still hears any juvenile cases
you may be involved in, just as before you were emancipated.
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Am I automatically emancipated if I have a baby?
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No. Although some girls believe that having a baby make them legally emancipated, it does not.
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Am I automatically emancipated if I get married?
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Yes. In Maine, if you are under 18, you must have your parent’s or legal guardian’s permission
to get married. Once you are married, you are automatically emancipated. This is the only situation
where you are emancipated without going to Court.
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If I am emancipated, where can I attend school?
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You can go to school in the district where you live. Your parent's place of residence is no longer relevant
to this decision. More information on residency
and attending school.
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How does emancipation work?
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You are at least 16 years old and refuse to live in the home of your
parents, guardian or custodian. You may ask the District Court (where
your parents, guardian or custodian live) to appoint you a free lawyer.
That lawyer is assigned to help you petition for emancipation.
Get a copy of the request for counsel form.
You can fill it out online, then print,
or print it, then fill it out by hand.
Once you or your lawyer files a
Petition for Emancipation, the judge may tell you to go to mediation.
At mediation, you sit down with your parents, guardian or custodian. A
court-appointed mediator helps you to see if you can reach an agreement
before going to court. The agreement might state, for example, that you
will live with another relative for the rest of the school year, then
return home. Or it could say that your parents agree to your emancipation.
If you agree, it will be written down and everyone will sign it. It will
then be sent to the judge for approval.
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What if we still disagree?
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If you can't agree, the court will set up a hearing for you. Your parents,
guardian or custodian will be notified of the hearing date. If you do
not want the public to watch your court hearing, you can ask to have the
hearing closed to the public. Your parents, guardian or custodian must
agree to this.
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What happens at the court hearing?
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At the hearing, you must show the judge that you are mature enough to
take care of yourself. You must have a plan for a place to stay, health
care and education or a job.
The plan should include:
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where and with whom you plan to live. Bring a note from
your landlord or friend you will live with.
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information about your job, such as the name of your
employer, your rate of pay, etc. A recent wage stub would help show
this.
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information about any benefits you will get, such as
TANF, Social Security, financial aid, etc.
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your plans for education or vocational training
- your
plans for other needs, such as clothing, health care and recreation
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information about any agencies, such as DHHS, that will
be working with you when you are on your own
If your petition is denied, the judge may recommend that the Department
of Health and Human Services provide services and counseling to you and your family
while you are living together.
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What if the Court denies my petition?
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You have the right to appeal a decision you don't agree with, if you think that
the judge made an "error of law." The law isn't totally clear on what the appeal
procedure is. To be safe, you should file any appeal to the Superior Court within
5 business days. Talk to your court-appointed
lawyer right away.
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Notice
Prepared by Pine Tree
Legal Assistance
May 2005
Sometimes the laws
change. We cannot promise that this information is always
up-to-date and correct. If the date above is not this year,
call us to see if there is an update.
We provide this
information as a public service. It is not legal advice.
By sending you this information, we are not acting as your lawyer.
Always consult a lawyer, if you can, before taking legal action.
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