Wisconsin Emancipation Laws: A Complete Guide

What is Emancipation?

Enlightening the law to people without access to justice
For the most part, when people think of emancipation they go back to the civil war and emancipation of slaves. That’s a different type of emancipation. Generally speaking, emancipation in this context means getting children away from the supervision of their parents so as to make them more than children. In this context, emancipation is a statutory tool that allows for children over a certain age to get out. It’s been around for quite some time and that comes up in the context of what is a minor in the law. Typically, the age of majority that makes someone an adult under the law is 18. You get to be an adult and the law treats you as such. However, people over 18 can still be minors under the law. We call those people emancipated minors.
Being an emancipated minor means that a person, for certain purposes, is treated as an adult. Emancipation is not something that is never-ending. It’s not like it will last for life. For a lot of purposes, emancipation will cease when the minor becomes the age of majority. So if you’re emancipated at age 16, for example, emancipation will still apply when you’re 17 but will cease when you turn 18 (for most purposes, not all). Being an emancipated minor means that the person is no longer under the control of their parents. They can make their own decisions with the law, they can enter into contracts, and they can do all the things that adults can do.
However , since people under the age of majority are still under the control of their parents and legal guardians, emancipation is a way to take away whatever degree of control exists. Still, while you’re emancipated, you still maintain a legal relationship to your parents. For example, while parents are typically legally responsible for the acts of their children, unless the acts are illegal, emancipation will not absolve the parents of that legal responsibility. There can also be a strange effect of emancipation in that a child, prior to emancipation, could not enter a contract – recall that children can’t enter contracts because they’re not yet adults under the law. But once a child is emancipated, they can enter contracts at 14.
One little trick to the emancipation is that parents can not block a minor’s emancipation in Wisconsin. When a child becomes 16, they have the right to declare themselves emancipated, regardless of what the parent wants. I’m not sure how would-be parents would block the minor child from emancipating and not letting them out of the house, but I’m sure there’s an example of it somewhere. One last note of emancipation is that emancipation proceedings can only happen if there is no pending proceeding. So if a parent petitions the court for appointment of a guardian for the child, that proceeding must be adjudicated and completed before emancipation can happen. I believe that might take a couple of days for the fathers in the state to get rid of spite and petition the courts to appoint a guardian.

Legal Criteria for Emancipation in Wisconsin

As with most areas of family law, the process of properly emancipating a minor from parental control and supervision in Wisconsin comes with its own set of legal and procedural requirements. Certain conditions and restrictions apply to ensure that the interests of the child are adequately protected. Although there is no specific age of emancipation recognized in Wisconsin, certain criteria must be fulfilled by the minor seeking emancipation.
In order to become legally emancipated, a minor in Wisconsin must first be at least 16 years old. Per Wis. Stat. § 48.375(1), an emancipated minor can discharge or terminate the obligation of the parents to support him or her. For this reason, a child who is at least 16 but not yet 18 may petition the court for the emancipation so that he or she will no longer be dependent on the parents’ support.
An emancipated minor has all of the rights and responsibilities of an adult and may enter into contracts, sue and be sued, hold and convey property, establish a residence, and marry without parental consent. However, an emancipated minor must also continue to obey all laws, maintain the same obligations toward creditors and dependents, and complete their education up to the age of 18, unless the court rules otherwise.

How to File for Emancipation in Wisconsin

While it is always preferred for a minor to get their parent’s consent to apply for emancipation, the emancipation process of a minor gets underway with the minor filing a motion for emancipation with a local or county court. If the motion is submitted to the circuit court, the minor must ask for a hearing date from the clerk of the court and submit a notice of the hearing to all interested parties. This is done at least six days before the hearing date. The minor must attend the hearing. If there is a guardian ad litem designated to represent the minor, they must attend the hearing as well. Also, if the parental rights have been terminated for the minor, the court may waive the requirement that notice be provided to parents.
The judge at the hearing considers the facts and hears testimony from the minor and others who may be helpful in making a decision to emancipate the minor. After hearing testimony, the judge will decide whether to grant the emancipation and issue an order. If the judge decides in favor of the emancipation, the Department of Justice sends out a certified copy of the emancipation order to confirm the status. At that point, an emancipated minor may get married without consent from their parents or guardians.

Emancipated Minors Rights and Obligations

An emancipated minor in Wisconsin is bestowed rights and responsibilities that are similar to an adult citizen of Wisconsin, but more limited than that of a non-emancipated adult. An emancipated minor, like an adult, can enter into contracts, marry, obtain a driver’s license, establish a residence, consent to medical care and sue in their own name. A non-emancipated minor generally cannot do any of the above.
In particular, emancipation in Wisconsin may affect the following rights and responsibilities of a minor:
• Curfew restrictions: Non-emancipated minors are subject to curfew restrictions in many counties and municipalities. An emancipated minor is not.
• Parental permission: Non-emancipated minors must obtain parental permission for items such as certain piercing and tattoo procedures. An emancipated minor does not.

Limitations and Challenges of Emancipation

While achieving emancipation can lead to greater independence for a minor, there are still many challenges and limitations that may face an emancipated child. For example, although an emancipated minor has the right to enter into contracts, many businesses may be wary of doing business with someone who is not a legal adult. This hesitation could take the form of a store refusing to sell alcohol or tobacco to a 17-year-old if he or she enters the establishment without a parent. Or it could be in the form of a landlord agreeing to a lease if the minor is under 18. Similarly, although an emancipated minor may be able to start working, those under the age of 18 are not eligible for many positions. For example, a fast food restaurant may be open to hiring a minor, but most hospitals and doctors’ office will not.
In addition to these financial and legal barriers, an emancipated minor could face challenges in the social realm. While he or she may wish to seek a new life apart from parents , finding a support system in the form of friends and family might prove difficult. The minor may also not have much experience with problem solving and adult life decisions and may lack role models. This could put the minor in a difficult position when facing issues such as selecting a college or deciding where to find a job.
An emancipated minor has the right to seek child support through the courts and pursue independent legal matters, but even these rights could present challenges. For example, a minor may wish to file suit for child support against a parent, but could come up against vengeance or retaliation. And, if a minor makes a poor decision, he or she may not have a trusting adult to turn to for advice and counsel or to lend a helping hand.
Receiving emancipation in Wisconsin is generally a positive outcome for a minor, but this process does not always result in freedom from life’s challenges. There are many aspects of life in which an emancipated minor will still need guidance, and understanding this is important to prepare for the process and possible outcomes.

Alternatives to Seeking Emancipation

A potential option for a minor who wants to live on their own rather than become legally emancipated is finding alternative living arrangements with friends or other family members, with the consent and support of at least one parent. When this is the case, it will typically not be necessary for the minor to undergo an emancipation process in court because, although the minor would be living apart from his or her parents, the parents would not technically be giving up their parental rights.
For example, in some situations, a minor can simply move in with a close family friend if that person offers a safe and healthy environment to live. In other cases, a minor may be able to simply live with one parent until they are older or seek an agreement between both parents as to where the minor will live.
Keep in mind that state laws regarding parental responsibilities and custody vary; therefore, this approach may not work in all situations. The key factor will be the circumstances under which the minor lives apart from the parents and what the best outcome is for all those involved.

Seeking Legal Consultation

When considering any legal process, including emancipation, it is prudent to consult with or hire a licensed attorney. This is especially true for minors, as their unique status is more susceptible to legal challenges than for an adult. A qualified attorney in Wisconsin may advise you on which way to proceed based on your facts and circumstances. An attorney can also help you determine whether emancipation is in your best interest and aid you in navigating the family law system. In some instances, your child may be entitled to have a lawyer appointed to them by the court to ascertain their best interests in the emancipation process. The appointment of a lawyer for your child is mandatory if they are the subject of a paternity action, but in the case of a divorce, separation, or post-divorce action, the appointment of an attorney is discretionary and the court is not required to appoint an attorney. If you are seeking to hire an attorney, there are a few ways to go about finding the right professional who suits your needs. The first option is to contact the Wisconsin State Bar Association at 800-728-7788 or visit their website to receive a referral to a local attorney who specializes in family law within your area . This service can be utilized whether you are a minor or an adult. Following a referral, many people choose to schedule a half-hour consultation, for a fee, with the attorney to discuss your case and what to expect going forward in the family law system. After the initial consultation, should you decide to pursue hiring that particular attorney, or if the attorney accepts your case, they will charge you an hourly rate to continue representing you through the process. If an individual cannot afford a family law attorney, they can ask the family law division of the circuit court to review their case and determine whether the person is indigent and without money or assets to afford legal representation. If so, the court may appoint an attorney who is licensed to practice law in Wisconsin to represent them. It is crucial to bear in mind that emancipation is a serious matter with long-term implications that may affect you for the rest of your life. As a result, it is important to be fully informed and educated of the facts before proceeding with the process of emancipation.