How Can I Legally Break the Relationship With a Parent?
Family relationships can be complicated. Unfortunately, children sometimes find themselves in situations of abuse or neglect that lead them to seek a legal separation from one or both parents. Severing or limiting legal ties with a parent can take various forms, depending on the age of the child and the jurisdiction. The following are a few of the avenues that might be open to you if you wish to legally break the relationship with a parent.
Emancipation of a Minor
Some states recognize a legal process known as emancipation of a minor. Minimum age requirements vary but are usually around 16 or 17 (although minors as young as 14 can petition for emancipation in California). In general, there are three ways to seek emancipation: by getting married; by joining the military; or through a court order called a Declaration of Emancipation.
To petition the court for a Declaration of Emancipation, the minor needs to prove that they meet the minimum age requirements of the state of residence, do not live with their parents (and the parents are not opposed to this situation), and can support themselves legally.
Although in some ways an emancipated minor acts as an adult, they are not legally an adult and certain laws will still apply to them (e.g., they have to go to school, cannot vote until 18, cannot buy alcohol until 21, etc.) until they are of age.
Adoption
In most cases, if an adult legally adopts a minor, the court will terminate or vacate the legal rights of the biological parents. Many adoptions require the biological parents to agree to terminate their parental rights, and, in cases where the child is old enough, they might also be required to give consent.
Termination of Parental Rights
Family courts seek the best interests of children first. In extreme cases of abuse or neglect or where a parent is unable to appropriately care for a minor, the court might terminate parental rights, thus legally severing ties between the parent and child. If you are a minor still living with your parents and feel unsafe or are experiencing abuse or neglect, talk to a trusted adult like a teacher or school counselor or call your state’s Child Protective Services to report it. They will find a safe place for you and discuss next steps and options.
Legal Estrangement
Once you are 18 years old, your parents no longer have legal rights to make decisions for you. If you feel that this level of independence from your parents is not enough, you can sometimes seek to have a court formally acknowledge legal estrangement between you and your parent(s). Legal estrangement will affect your inheritance rights but also your obligations to provide parental support in the future. Some individuals also choose to legally change their name to further distance themselves from their parents.
Get the Help You Need Today
Before you pursue any of the above legal approaches to breaking the relationship with a parent, it’s a good idea to consult with a family law expert to better understand all your options and their repercussions. The family law group at Lonich Patton Ehrlich Policastri is one of the largest family law practices in the Bay Area and has years of experience navigating complex family issues. Contact us today for a free, no-obligation consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Gretchen Boger
Gretchen Z. Boger began her law career as a Deputy District Attorney in San Joaquin County from 2007 – 2010. During her tenure with the D.A.’s office, she prosecuted 17 jury trials. Ms. Boger has been practicing family law exclusively since January 2010. Ms. Boger joined Lonich Patton Ehrlich Policastri in 2013. She received her Juris Doctorate from the University of the Pacific, McGeorge School of Law. During her time at McGeorge, she received a concentration in trial advocacy.
