Once the investigation fee has been paid, the staff of the Youth Department will inform the parents and/or guardians of the applicant that the minor is seeking emancipation and interview them and other important adults to determine whether emancipation is appropriate. To print a downloadable document listing all relevant emancipation RCWs, CLICK HERE. Washington State allows minors as young as 16 to apply in court for emancipation. Being emancipated means assuming the rights and obligations of an adult, which otherwise accompanies reaching the age of majority (18 years). The procedure requires the payment of a fee of up to $50, and applicants (those who wish to emancipate themselves) must provide the court with the following information: Given the age of the applicant, the absence of other formal parties to the proceedings, and the issues raised, the format and approach of the hearing should be somewhat flexible. may be more similar to the approach taken in the Children in Need (FYR) or Children in Need (RICS) procedures. Of course, the applicant and all witnesses who testify must be sworn in. Individual practice will vary, but a brief presentation by the court at the beginning of the hearing regarding the procedures, expectations, legal elements and burden of proof may help the claimant understand the approach, formality and seriousness of the procedure. The applicant may bring witnesses who must take an oath and be summoned.
A parent, guardian, guardian or, in the case of a dependent child, DCFS may support or reject the emancipation application. Any minor sixteen (16) years of age or older residing in Washington State may apply to the Cowlitz County Superior Court for a declaration of emancipation. (see RCW 13.64.010). Youth Department staff will refer a minor requesting information about emancipation to the office of the clerk of the Cowlitz County Superior Court, second floor of the Hall of Justice, 312 p. 1st West, Kelso. There they can get the petition form and instructions on how to apply for emancipation. At the time of filing the application with the court registry, the juvenile must be willing to pay a filing fee of $50 and should be willing to pay an investigation fee of $150 to the juvenile department. A copy of the petition and notice of hearing must be served on the applicant`s parents, guardian or curator at least 15 days before the emancipation hearing.8 If the applicant is subject to an addiction, service is also required at the Ministry of Children and Family Services (DCFS).9 Service is lifted if it is proved that the address of the parent(s) A guardian or guardian is not available or not 10 For a list of Washington`s age laws, see the table below. For more information, see Emancipation of minors and Basic principles of parental responsibility. The application is allowed on the evidence by clear and convincing evidence.11 However, if the application is rejected by a parent, guardian, guardian or, in the case of a dependent child, DCFS, the application is rejected unless the court finds clear and convincing evidence that the denial of emancipation would be detrimental to the interests of the child.12 Minors, who are 16 years of age or older and reside in Washington. may request a declaration of emancipation.
If granted, parental obligations end, including financial support, care, supervision, and obligations imposed as a result of dissolution, such as child support. In addition, an emancipated minor is granted a number of legal rights and new powers as an adult, including, but not limited to, the right to prosecute and be prosecuted; the right to withhold the prize; the right to conclude indisputable contracts; the right to work and earn a living; the right to act autonomously in all business relationships; and the right to give informed consent to receive health services.2 Note: State laws can always change through new laws, higher court decisions (including federal decisions), voting initiatives, and other means. While we strive to provide the most up-to-date information available, please consult an attorney or conduct your own legal research to review the state laws you are seeking. An emancipation decree obtained by fraud (also known as Declaration of Enfranchisement RCW 13.64.010) is questionable.14 Duties, rights or interests arising during the period of validity of the decree are not affected by the repeal of the decree.15 The criteria for applying for emancipation are that the minor proves the capacity to conduct his own financial, social and personal affairs. The Registry of Courts (AOK) has prepared forms for emancipation procedures, including petitions and decrees. These forms can be found under www.courts.wa.gov/forms/. In many less urban areas of Washington State, it is unusual for an attorney to be involved in filing such a petition. In these cases, the usual difficulties faced by a litigant in completing pleadings correctly are exacerbated by age. It should be noted that the petition must be accompanied by a certified copy of the applicant`s birth certificate, but this is often not attached and must therefore be submitted at the time of the hearing.6 When applying for emancipation, an application fee of US$50 is charged.7 The petitioner must receive a certified copy of the Emancipation Decree upon entry.13 The Order orders the petitioner to: a new driver`s license or Washington ID card and asks the Licensing Department to note the emancipated status on the new driver`s license or ID card.
RCW 13.64.010 grants minors aged 16 and over the right to apply for emancipation, so that a litigation guardian (GAL) is not necessary because of the applicant`s minority status. However, good practice would indicate that the tribunal has the independent support of a LAG to investigate and make written recommendations to the court on the merits of the emancipation application.