Legal Question in Family Law in Georgia

In Georgia, is it legal for a 17 year old to move out if they have a place to live and still attend school?


Asked on 6/15/10, 9:30 pm

1 Answer from Attorneys

Yes, its legal, but the minor (anyone under the age of 18 is a minor) has to file an emancipation petition. See:

� 15-11-202. Minor seeking emancipation by petition; requirements

A minor seeking emancipation shall file a petition for emancipation in the juvenile court in the county where the minor resides. The petition shall be signed and verified by the minor, and shall include:

(1) The minor's full name and birth date, and the county and state where the minor was born;

(2) A certified copy of the minor's birth certificate;

(3) The name and last known address of the minor's parents or guardian, and if no parent or guardian can be found, the name and address of the minor's nearest living relative residing within this state;

(4) The minor's present address and length of residency at that address;

(5) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs; the minor may include any information he or she considers necessary to support the declaration;

(6) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs; the minor may include any information he or she considers necessary to support the declaration; and

(7) The names of adults who have personal knowledge of the minor's circumstances and believe that under those circumstances emancipation is in the best interest of the minor. Such individuals may include any of the following:

(A) Physician or osteopath licensed pursuant to Chapter 34 of Title 43;

(B) Registered professional nurse or licensed practical nurse licensed pursuant to Chapter 26 of Title 43;

(C) Psychologist licensed pursuant to Chapter 39 of Title 43;

(D) Professional counselor, social worker, or marriage and family therapist licensed pursuant to Chapter 10A of Title 43;

(E) School guidance counselor, school social worker, or school psychologist;

(F) School administrator, school principal, or school teacher;

(G) Member of the clergy;

(H) Law enforcement officer; or

(I) Attorney.

The court will then hold a hearing and decide if you should be emanicpated. It depends on how close you are to age 18 as to whether you want to go througgh these requirements or not.

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Answered on 6/16/10, 10:40 am


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