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Petition for Termination of Guardianship due to Emancipation of Minor

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Multi-State
Control #:
US-02602BG
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Word; 
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Description

Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand.


Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. For example, a parent might consent to allowing a child to establish a separate household. In other cases, a parent may force the minor to leave and support him/herself. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts. State laws on emancipation vary, so local laws should be consulted for specific requirements in your area.


Sometimes the emancipation of a child ends the obligation of a divorced parent to pay child support. When a child reaches the age of emancipation, the duty of a parent for child support often ends. However, the age of emancipation varies by state. Also, a parent may be obligated to support a child for a longer period, such as through college, under a divorce decree. Emancipation will not relieve a parent from obligations to pay past due child support amounts.


Requirements for emancipation vary by state.

Definition and meaning

The Petition for Termination of Guardianship due to Emancipation of Minor is a legal document filed in court to dissolve the guardianship of a minor who has become emancipated. Emancipation is a legal process that grants minors the ability to manage their own affairs as an adult, freeing them from the control and care of a guardian. This petition serves to formally notify the court of the minor's change in status and requests that the guardianship be terminated.

Who should use this form

This form is suitable for guardians who wish to end their guardianship over a minor that has achieved legal emancipation. It can be used by individuals who have been legally appointed as a guardian and are aware that the minor is no longer in need of guardianship due to their emancipation.

How to complete a form

To complete this petition, follow these steps:

  1. Fill in the name of the court, county, and state at the top of the document.
  2. Provide your name and address as the petitioner and guardian.
  3. List the names and addresses of individuals who are entitled to notice regarding the petition.
  4. Describe the circumstances of the minor's emancipation.
  5. Record any costs you incurred in bringing this petition.
  6. Specify the name of your attorney and the number of hours they have worked on the case.
  7. Sign the form before a notary public.

Key components of the form

When completing the Petition for Termination of Guardianship due to Emancipation of Minor, it is important to include:

  • The names of all relevant parties, including the minor and guardian.
  • The factual basis for the emancipation.
  • Details regarding legal fees and costs incurred during the process.
  • A statement of no requests for special notice of these proceedings.

State-specific requirements

Different states may have varying laws regarding guardianship and emancipation. Before filing, check the specific rules governing the termination of guardianship in your state. This may include specific forms that must be used, additional documentation required, or unique stipulations that must be observed.

What to expect during notarization or witnessing

Notarization is a key step in completing the petition. You will need to present valid identification to the notary public and sign the document in their presence. The notary will then affix their seal, confirming that you signed the document voluntarily and are who you claim to be. Additionally, some states may have specific witnessing requirements that need to be fulfilled.

Common mistakes to avoid when using this form

To ensure your petition is valid, avoid these common errors:

  • Failing to provide complete names and addresses of all parties involved.
  • Omitting the description of the minor's emancipation.
  • Not accounting for all incurred costs.
  • Neglecting to sign the document in front of a notary.
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FAQ

Ask the Court to Undo the Guardianship & Start Over. A person can file a Motion to Set Aside the Order if the guardianship order is wrong or unjust. Ask the Court to Remove and Replace the Guardian. Ask the Court to End the Guardianship.

When the child dies before attaining the age of 18 years. On a child attaining 12 years of age, if the child requires no attention then he can give his consents to end the guardianship. If the minor decides to get married, the husband of the girl child becomes her guardian and her parent's guardianship gets terminated.

Temporary guardianship only lasts for a certain period of time usually not longer than 6 months. If the child still needs a guardian after the temporary order expires, you can start the temporary guardianship process again or file for permanent guardianship through the court.

Petitioning to terminate guardianship can be a difficult process and can require you to present evidence of the changes you have made, programs you have attended and any other proof that you are prepared to take care of your children.

1 attorney answerYour legal guardian cannot kick you out. She would be guilty of child abandonment - a crime. However, she can resign as your guardian. This is a process.

A guardianship of the estate is set up to manage a child's income, money, or other property until the child turns 18. A child may need a guardian of the estate if he or she inherits money or assets. In most cases, the court appoints the surviving parent to be the guardian of the child's estate.

Petition for Termination of Guardianship (Form GC-255 ); Notice of Hearing -- Guardianship or Conservatorship (Form GC-020 ); Order Terminating Guardianship (Form GC-260 ) (only fill out the caption which is the box at top); and. Any other forms your local court requires.

Upon attaining the age of 18, if the child can maintain himself, the court may allow the removal of a guardian who was appointed to take his care or his property.

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Petition for Termination of Guardianship due to Emancipation of Minor