Emancipation in Kansas

(This blog article was updated March 1, 2012)

Emancipation is the process by which a minor can petition the district court of the county in which they live for emancipation. A person must be at least 16 years old to petition and be a resident of his or her county for one year. The minor petitioning must be able to give the reason that they are seeking emancipation. In open court the minor seeking emancipation must be able to prove sound mind and an ability to conduct their own affairs.

Should these requirements be met the court may decree that the petitioner be empowered to exercise the rights of majority that are covered by statute (38-108). These include the rights to contracts, real and personal property, to purchase, and control in their own person any goods that they have lawfully acquired or inherited, as well as to right to sue and be sued.

On Your Own
Useful pamphlet for things to think about before starting the emancipation procedure
http://ksbar.org/associations/13344/files/on_your_own.pdf
(Kansas Bar Association)

For the Record: A guide to your rights and responsibilities as a young adult
http://ksbar.affiniscape.com/associations/13344/files/for_the_record.pdf
(Kansas Bar Association)

Laws applicable to minors
http://www.ksbar.org/public/public_resources/pamphlets/for_the_record.shtml#6

Johnson County information on emancipation
http://da.jocogov.org/faq/juvenile
(From frequently asked questions page at JoCoGov)

Emancipation of Minors
http://www.kansaslegalservices.org/files/Emancipation%20of%20Minors.pdf
(Pamphlet from Kansas Legal Services)

Statutes that address emancipation:
K.S.A 38-101, 38-108, 38-109, 60-1610
You can find the full text of these statutes at
http://www.kslegislature.org/legsrv-statutes/index.do