In very specific situations minor children divorce parents. Some teens are living in very a poor situation with their parents. It is in their own interest to take responsibility for their own live before they are 18. Of course, this goes beyond normal issues that teens have with their parents.
If you want to read about how to deal with teens and divorce, please consult teens and divorce.
Divorce parents cannot be done in every country, but in many – like in the United States - it is possible for a child to file for divorce from their parents. If the circumstances are there, a judge can decide that a divorce from the parents is in the best interest of the child.
This process is sometimes called emancipation.
As a result of such a forced divorce, the parents loose their parenting rights and they will not be responsible for their children any more.
There are more reasons for emancipation. Parent loose their parenting rights and their responsibilities in the following situations too:
When the minor child marries with the approval of the parents, the minor child becomes responsible for himself or herself. As from the date the minor child is married, the parents are no longer responsible. The child is accountable for his or her own behaviour.
If a minor child joins the armed forces and the parents approve it, the parents are not responsible for the actions and deeds of the child. This is a children divorce by law.
Emancipation on request of the minor child is not granted easily:
Courts prefer that the emancipated child leaves the home of the parent. In rare occasions when children divorce parents the court allows the child to stay with the parent.
For a minor child, the procedure often has high emotional impact.
Divorcing parents is an extremely serious act. Courts do not approve the request to divorce parents without careful consideration.
The court must be convinced that the minor child will benefit from the children divorce parents. They must understand that divorce parents is the sole solution to existing situation.
The family law attorney representing a minor child in court will need to collect clear and hard evidence before formally filing an emancipation to the court. They must also present alternatives for the divorce parents and explain the pros and cons of those alternatives.
Return to Divorce and Children.