Legal Question in Constitutional Law in Nebraska

Re: Emancipation

Minors cannot "divorce their parents" in Nebraska. Another adult may petition the court for the minor's custody, or an action may be filed by the county attorney if abuse or neglect has occurred. There is no provision for a minor to file a complaint or petition for emancipation in Nebraska. Emancipation of minors can occur when the minor's parent(s) either:

1. expressly agree that the minor may leave the family home and live independently; or

2. when the minor does in fact live independently outside the family home, without the support or aid of the parent and the parents know of the minor's whereabouts and do nothing to assert parental control or support of the minor for a reasonable time.

Generally, it is something determined after the fact, in the context of some other legal action- a suit on a contract for example. It may be possible to seek a declaratory judgment from a district court that the minor is emancipated, but this will depend on the parents actions. If they oppose the declaratory judgment, (they would have to be served with summons of the lawsuit) emancipation would be quite unlikely, if not impossible.