Minors – Emancipation of Minor – Connecticut
Emancipation of minor; Procedure.
Any minor who has reached such minor’s sixteenth birthday and is residing in this state, or any parent or guardian of such minor, may petition the superior court for juvenile matters or the probate court for the district in which either the minor or the parents or guardian of such minor resides for a determination that the minor named in the petition be emancipated. The petition shall be verified and shall state plainly:
(1) The facts which bring the minor within the jurisdiction of the court,
(2) the name, date of birth, sex and residence of the minor,
(3) the name and residence of the minor’s parent, parents or guardian, and
(4) the name of the petitioner and the petitioner’s relationship to the minor.
Upon the filing of the petition in the Probate Court, the court shall assign a time, not later than thirty days thereafter, and a place for hearing such petition. The court shall cause a citation and notice to be served on the minor and the minor’s parent, if the parent is not the petitioner, by personal service or service at the minor’s place of abode and the parent’s place of abode, at least seven days prior to the hearing date, by a state marshal, constable or indifferent person. The court shall direct notice by first class mail to the parent, if the parent is the petitioner. The court shall order such notice as it directs to the Commissioner of Children and Families, the Attorney General, and other persons having an interest in the minor.
Investigation of petition for emancipation; Report; Appointment of counsel
(a) With respect to a petition filed in Superior Court pursuant to section 46b-150, the Superior Court may, if it deems it appropriate,
(1) require a probation officer, the Commissioner of Children and Families or any other person to investigate the allegations in the petition and file a report of that investigation with the court,
(2) appoint counsel for the minor who may serve as guardian ad litem for the minor,
(3) appoint counsel for the minor’s parents or guardian, or
(4) make any other orders regarding the matter which the court deems appropriate.
Order of Emancipation.
If the Superior Court or the Probate Court, after hearing, finds that:
(1) The minor has entered into a valid marriage, whether or not that marriage has been terminated by dissolution; or
(2) the minor is on active duty with any of the armed forces of the United States of America; or
(3) the minor willingly lives separate and apart from his parents or guardian, with or without the consent of the parents or guardian, and that the minor is managing his own financial affairs, regardless of the source of any lawful income; or
(4) for good cause shown, it is in the best interest of the minor, any child of the minor or the parents or guardian of the minor, the court may enter an order declaring that the minor is emancipated.
Any person named in a petition filed pursuant to section 46b-150a who is aggrieved by the order of the Probate Court may appeal to the Superior Court as provided in section 45a-186. Any person named in a petition filed pursuant to section 46b-150a who is aggrieved by order of the Superior Court may appeal to the Appellate Court in the manner provided in subsection (b) of section 46b-142.
Effect of Emancipation
An order that a minor is emancipated shall have the following effects:
(a) The minor may consent to medical, dental or psychiatric care, without parental consent, knowledge or liability;
(b) the minor may enter into a binding contract;
(c) the minor may sue and be sued in such minor’s own name;
(d) the minor shall be entitled to such minor’s own earnings and shall be free of control by such minor’s parents or guardian;
(e) the minor may establish his own residence;
(f) the minor may buy and sell real and personal property;
(g) the minor may not thereafter be the subject of a petition under section 46b-120 as an abused, dependent, neglected or uncared for child or youth;
(h) the minor may enroll in any school or college, without parental consent;
(i) the minor shall be deemed to be over eighteen years of age for purposes of securing an operator’s license under section 14-36 and a marriage license under subsection (b) of section 46b-30 without parental consent;
(j) the minor shall be deemed to be over eighteen years of age for purposes of registering a motor vehicle under section 14-12;
(k) the parents of the minor shall no longer be the guardians of the minor under section 45a-606;
(l) the parents of a minor shall be relieved of any obligations respecting his school attendance under section 10-184;
(m) the parents shall be relieved of all obligation to support the minor;
(n) the minor shall be emancipated for the purposes of parental liability for his acts under section 52-572;
(o) the minor may execute releases in his own name under section 14-118; and
(p) the minor may enlist in the armed forces of the United States without parental consent.
Emancipation under Common Law.
Nothing in sections 46b-150 to 46b-150e, inclusive, shall affect the status of minors who are or may become emancipated under the common law of this state.