Experienced Family Law Lawyer Helping Minors Seek Independence

Based in Atlanta, the law office of Jody A. Miller helps minors throughout north Georgia seek emancipation from their parents.

In Georgia, parents are required to care for their children until the age of 18. When minors wish to become independent before the age of 18, they must file for emancipation in juvenile court.

In Georgia, children are automatically emancipated once they are married, if they are on active duty in the military or once they turn 18. When children want to become legally independent of their parents before the age of 18, they must file for emancipation in one of Georgia’s juvenile courts.

Once declared emancipated, minors have the same rights and responsibilities as adults, including the right to contract, the right to sue or be sued, the right to enroll in school, the right to make medical decisions and the right to get married.

For more than 30 years, attorney Jody Miller has been helping clients with emancipation of minors petitions. Working together with our young clients, Ms. Miller helps responsible youths obtain the independence they need to be their own individuals.

Filing For Emancipation

The juvenile court will grant emancipation only if it believes that it is in the child’s best interests to do so. Courts evaluate a diverse range of factors when determining whether to grant an emancipation; among the most important are:

• The youth’s demonstrated ability to manage his or her own finances and be self-supporting
• The ability to manage his or her personal and social affairs
• The names of adults — such as teachers, physicians or members of the clergy — who have personal knowledge of the minor’s circumstances and believe emancipation is in his or her best interests

Frequently Asked Questions About Emancipation In Georgia

We receive many questions from minors and their families about the emancipation process in Georgia. Below are answers to some of the most common questions about seeking independence as a minor.

Can my parents prevent my emancipation in Georgia?

Parents have the right to object to an emancipation petition. If they do, they must file a formal written answer with the Juvenile Court within 30 days of being served notice. When parents object, the court weighs their concerns against the evidence supporting the minor’s petition. The judge makes the final determination based on the minor’s best interests. Even with a parental objection, the court may still grant emancipation if sufficient evidence demonstrates the minor’s maturity, financial independence and ability to manage their affairs. However, strong parental opposition can make the process more challenging, as judges consider family dynamics when evaluating what serves the minor’s best interests.

Do I need an attorney to petition for emancipation?

While Georgia law does not require legal representation for emancipation petitions, working with a qualified family law attorney significantly improves your chances of success. The emancipation process involves complex legal documentation, court appearances and the presentation of evidence. An experienced attorney can help you prepare a compelling petition, gather appropriate supporting documentation and effectively present your case in court. Your attorney will also help you understand whether emancipation truly aligns with your goals or if alternative solutions might better address your situation.

What should I expect after becoming emancipated?

Emancipation brings significant responsibilities alongside new freedoms. As an emancipated minor, you become legally responsible for supporting yourself financially, securing your own housing and making all personal decisions. Your parents no longer have legal obligations to provide financial support or housing. For same-sex couples or LGBTQ+ minors seeking emancipation, this independence can be particularly valuable for making healthcare decisions and living arrangements aligned with your identity. In high-asset families, emancipation may have implications for trust funds, inheritance matters and financial planning. Many emancipated minors report that while independence is liberating, the practical challenges of self-sufficiency can be more demanding than anticipated.

How To Get Emancipated In Georgia? Contact Attorney Jody Miller For A Consultation.

Atlanta emancipation lawyer Jody Miller is available for legal consultations to clarify Georgia emancipation law at 678-805-9576. You can also contact the firm via email. All consultations are confidential.