Emancipation in Alabama is when a minor, under the age of 19, petitions the county court for relief of the disabilities of nonage, otherwise known as the rights and protections of being considered a child. This petition, if heard and accepted, makes a minor an adult in the eyes of the county and state. Emancipation is a lengthy legal process that takes weeks to complete.
File a petition for emancipation with your local clerk of court. Petitions must be completed, submitted and heard by a judge in your county. The petition must be signed by both the minor and parents, or a legal guardian.
Notify a local paper of the petition's filing, once a week, for three consecutive weeks. If your county or town doesn't publish a newspaper, the judge will make different arrangements on a case-by-base basis.
Serve a copy of the petition to any person whose signature is needed, but has not yet been obtained. If a minor, parent or guardian has not signed the petition, the county sheriff will officially serve a copy of the petition for signature. If the minor or parent does not live in the same county, certified mail will be used.
Attend a hearing at your county court. Any objections to the emancipation will be heard at this hearing. This hearing is used to prove emancipation is in the best interest of a minor. The judge will issue a binding judgment at the end of this hearing.
File a certified copy of the hearing's decision with the county judge of probate. If a minor is emancipated, the probate court needs official proof for their records and to file into the public record.
File a certified copy of the hearing's decision with another state. The U.S. Congress requires this verification process, so that a emancipated minor is emancipated in other states and counties, giving them the same freedoms and liabilities outside of their own county.