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Pennsylvania Emancipation of Minor Law

Minors – Emancipation of Minor – Pennsylvania

§11.11: Entitlement of resident children to attend public schools.

A school age child is entitled to attend the public schools of the child’s district of residence. A child’s district of residence is that in which the parents or the guardian resides. When the parents reside in different school districts due to separation, divorce or other reason, the child may attend school in the district of residence of the parent with whom the child lives for a majority of the time, unless a court order or court approved custody agreement specifies otherwise. If the parents have joint custody and time is evenly divided, the parents may choose which of the two school districts the child will enroll for the school year. If the child is an emancipated minor, the resident school district is the one in which the child is then living. For purposes of this section, an emancipated minor is a person under 21 years of age who has chosen to establish a domicile apart from the continued control and support of parents or guardians. A minor living with a spouse is deemed emancipated.

§145.62: Definitions – The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Emancipated minor—This term shall include the following:

(i) A minor who is aged 16 or over, who has left the parental household and has established himself as a separate entity free to act upon his own responsibility, and who is capable of acting independently of parental control. If the minor again lives with his parents he will no longer be considered emancipated unless he remains independent of his parents’ control.
(ii) An orphan who is aged 16 or over and who has sufficient mental ability to make a bargain.
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(iv) An unmarried child committed to the care and control of the county authority can become emancipated before the age of 18 only by action of the court.

Full-time student—A full-time student is a child who is enrolled in and physically attending full time, as defined and certified by the school or institute attended, a program of study or training leading to graduation or an equivalent certificate.

Unemancipated minor—A minor who has never been married or has the marriage annulled, but who remains under the control of the parents is unemancipated whether he lives in the parental household or not.

§145.63: Requirements.

(a) Emancipated minor. If a minor is emancipated and meets the eligibility requirements for General Assistance (GA)he may receive GA subject to the conditions and limitations in Chapter 141 (relating to general eligibility provisions) and other provisions of this title.

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