As amended through December 3, 2024
Rule 505 - Determination and Order of Emancipation(a) Burden of Proof. The petitioner must prove by clear and convincing evidence that emancipation is in the petitioner's best interests.(b) Determination of Emancipation. The court must determine emancipation based on the petitioner's best interests. The court must consider the following: (1) the potential risks and consequences of emancipation and whether the petitioner understands these risks and consequences;(2) the wishes of the petitioner;(3) the opinions and recommendations of the petitioner's parent or guardian;(4) the financial resources of the petitioner, including any employment history and whether the petitioner is employed or has obtained an offer of employment;(5) the petitioner's ability to be financially self-sufficient;(6) the petitioner's education level and success in school;(7) whether the petitioner has any criminal record; and(8) any other factor the court deems relevant.(c) Order of Emancipation. If the court finds emancipation is in the petitioner's best interests, the court must:(1) make the following findings on the record:(A) the petitioner is at least 16 years of age;(B) the petitioner is a resident of this state;(C) the petitioner is financially self-sufficient; and(D) the petitioner has acknowledged in writing that the petitioner has read and understands the information provided by the court that explains the rights and obligations of an emancipated minor and the potential risks and consequences of emancipation;(2) file an order of emancipation with the clerk;(3) provide a copy of the order to the petitioner and any party entitled to notice of the proceeding; and(4) provide a copy of the order to the Department of Economic Security, DCS, or the department's agent if the petitioner is a child in a Title IV-D case.(d) Appeal. A party may appeal from an order granting or denying the emancipation petition as provided in Rule 601.Adopted Dec. 8, 2021, effective 7/1/2022.