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Montana Emancipation of Minor Law

Minors – Emancipation of Minor – Montana

§41-1-501: Limited emancipation.

(1) A youth who is 16 years of age or older, the youth’s parent, or the department of public health and human services may petition the court for an order granting limited emancipation to the youth.

(2) The petition for limited emancipation must be in writing and must set forth:

(a) the name, age, and address of the youth;
(b) the names and addresses of:
(i) the parents of the youth;
(ii) any legal guardian of the youth; or
(iii) if no parent or guardian can be found, the last-known address of the youth’s parent or guardian and the name and address of the youth’s nearest known relative residing in the state;
(c) that limited emancipation is in the youth’s best interests;
(d) that the youth desires limited emancipation;
(e) that there exists no public interest compelling denial of limited emancipation;
(f) that the youth has, or will reasonably obtain, money sufficient to pay for financial obligations incurred as a result of limited emancipation;
(g) that the youth, as shown by prior conduct and preparation, understands and may be expected to responsibly exercise those rights and responsibilities incurred as a result of limited emancipation;
(h) that the youth has graduated or will continue to diligently pursue graduation from high school, unless circumstances clearly compel deferral of education; and
(i) that, if it is considered necessary by the court, the youth will undergo periodic counseling with an appropriate advisor.

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