In South Dakota, legal emancipation of minors is referred to as termination of parental relations. An emancipated minor is anyone under age 18 who is or has been married, is on military active duty, or has been court emancipated.
Emancipation can be made by "express agreement" if the child and both parents agree to the emancipation. The court will agree to the emancipation as long as it would not harm the child.
Procedure & Reasons
A child petitioning for emancipation must be at least sixteen years old, willingly living separated from his parents, financially self-sufficient, and obtaining income by legal means. A child may also be emancipated by the court if the court is cognizant of abuse, and the above conditions can be met. The court will notify the parent, guardian, or responsible state agency of the child's emancipation petition prior to the hearing. The court will then hear all sides on the case before ruling.
Once emancipated, the child's duties toward his parent are those of a child of legal majority.
- South Dakota Codified Laws: 25-5-26. Petition for emancipation
- South Dakota Codified Laws: 25-5-16. Judicial cognizance of parental abuses--Freeing child from parental dominion.
- South Dakota Codified Laws: 25-5-21. Duty of emancipated child to parent.
- South Dakota Codified Laws: 25-5-24. Emancipated minor defined.
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