Minor children (under the age of 18) are generally subject to the control and decision-making of their parents or legal guardians until they reach the age of majority (generally 18-19). This means that minor children are not able to override the decisions of their parents on life matters such as where the child lives, whether the child can leave the house on Friday night, whether the child can get married, and whether the child can work outside the home. And the law does not consider minor children able to enter into legally enforceable contracts.
But many states allow for a minor child to become emancipated and assume the responsibilities of adulthood under limited circumstances—usually beginning at age 16-17. Minor emancipation laws vary from state to state, and the process is usually initiated by filing a lawsuit “to remove the disabilities of minority.”
In Alabama, the age of majority is 19 years old, which is when individuals are considered adults for most legal purposes. Until reaching this age, minors are generally under the control and decision-making authority of their parents or legal guardians. This includes decisions about living arrangements, social activities, marriage, and employment. Minors in Alabama cannot legally enter into most contracts, as they are considered voidable due to their age. However, Alabama does provide a legal process for minors to become emancipated, which typically starts at age 18 under Alabama Code Section 26-1-1. Emancipation can grant a minor many of the rights and responsibilities of adulthood. To become emancipated, a minor usually must demonstrate financial independence and the ability to support themselves. The process often involves a court hearing, and the minor may need to present evidence that emancipation is in their best interest. An attorney can provide guidance on the specific requirements and likelihood of success in an emancipation proceeding.