Tennessee Petition for Termination of Guardianship due to Emancipation of Minor

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US-02602BG
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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.

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FAQ

A person's parental rights may be terminated if that person has failed to visit, engage in more than ?? visitation, or failed to make reasonable child support payments for the four consecutive months immediately prior to the filing of the petition for termination.

In rare cases, if the court finds reason to dismiss adoptive proceedings, state law allows reinstatement of parental rights to the biological parents.

Legal parents have the right to have a relationship with their child and to visit their child. Once a father acknowledges paternity, he gains these rights. If parents cannot agree on custody or visitation, parents may obtain a Court Order.

Under Tennessee law, generally speaking, parents have a presumption of "superior parental rights." This means that in a custody dispute between a parent and a non-parent (such as a grandparent, aunt, uncle, foster parent, or other third party), the parent will win custody unless the court finds that the parent poses a ...

(c) Termination of parental or guardianship rights must be based upon: (1) A finding by the court by clear and convincing evidence that the grounds for termination of parental or guardianship rights have been established; and (2) That termination of the parent's or guardian's rights is in the best interests of the ...

However, four months of continuous, voluntary failure to visit a child by the parent often results in termination of parental rights by a court on the ground of Abandonment.

No unless a court approves and give the children what is legally called "emancipation." "Tennessee Age of a minor: Any person under 18 years of age.

When can my child decide which parent to live with? Under Tennessee statute, the court shall consider the reasonable preference of the child over the age of 12. The court may choose to hear the preference of a child under the age of 12.

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Tennessee Petition for Termination of Guardianship due to Emancipation of Minor