Teenagers and their parents are likely to clash at many times in their lives. However, few cases get as desperate as an emancipation attempt. What if a child is trying to sue their parent for emancipation and there isn't much of a case? They may use false allegations to break free. Here's how to defend yourself in this type of case:
Emancipation Is Complex
Why would a child sue their parent for emancipation? It is often the last and desperate attempt by a child to escape a dangerous or abusive environment. But what if a child isn't being abused? The reasons can be more complex. And they can only be emancipated if they meet a strict set of criteria.
In most states, this typically involves being over 16 years old, working in the armed forces, living apart from parents and managing money, or escape from a dangerous situation. A child who is potentially using emancipation as a way of hurting their parents is likely to use the last standard to try to win their case.
Allegations Of Abuse May Be Used
Emancipation of a minor requires a pretty specific set of circumstances to take hold. For example, the child who is suing has to show that they would be better off without their parents. Typically, this requires showing that they could financially support themselves. However, it may also include showing that a parent abused them and that their life may be in danger if they stay in the situation.
As a result, a parent of a child who is seeking emancipation may find that they are suddenly accused of abuse. Being falsely accused of abuse is a harrowing situation for any parent and can drive a wedge between family members. However, it is possible to defend and win this case and protect a child from their reckless emancipation attempt.
Defense Against This Case
The best way to defend against an emancipation case that a parent believes is not in the best interest of their child is to prove that the allegations made by the children are false. Remember that a teenager must show that they would be better off without their parent in their life. One way that they try to do that is to argue that abuse has taken place in the household.
Defenses against abuse can be difficult to win. It is often the charge of the child against the parent. However, there is a benefit here. The child must show signs of abuse, such as bruises or evidence from witnesses, to create a case. If a parent can use other pieces of evidence to show that these charges are not true, the emancipation case may be harder for the child to win.
While most children aren't likely to pursue these kinds of cases falsely, there is a chance that an angry or spiteful child may try to hurt their parent in this way. Winning the case with a family law attorney and talking to a therapist afterward can help heal the wounds caused by the case.
Contact a law office like Carmen DiAmore-Siah Attorney At Law for more information and assistance.