Section 15-11-725. (Effective January 1, 2014) Emancipation hearing; findings  


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  •    (a) The court shall issue an emancipation order if, after a hearing, it determines that emancipation is in the best interests of the child and such child has established:

       (1) That his or her parent, guardian, or legal custodian does not object to the petition; or, if a parent, guardian, or legal custodian objects to the petition, that the best interests of the child are served by allowing the emancipation to occur by court order;

       (2) That he or she is a resident of this state;

       (3) That he or she has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support. "Other means of support" shall not include general assistance or aid received from means-tested public assistance programs such as Temporary Assistance for Needy Families as provided in Article 9 of Chapter 4 of Title 49 or similar programs under Title IV-A of the federal Social Security Act;

       (4) That he or she has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing; and

       (5) That he or she understands his or her rights and responsibilities under this article as an emancipated child.

    (b) If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated child becomes 25 years of age.

    (c) An emancipation obtained by fraud is voidable. Voiding an emancipation order shall not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect.

    (d) A child or his or her parent, guardian, or legal custodian may appeal the court's grant or denial of an emancipation petition.
Code 1981, § 15-11-725, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.