Can a Child divorce a parent?

Divorce Papers > Child Divorce > Can a Child divorce a parent?

One infrequently comes across a case wherein a child divorces his/her parents. However, a legal severance of the obligations between the child and the parents is possible. This process is termed as 'emancipation.' When the court of jurisdiction concludes that the best interests of the child lies in emancipation, the decree is awarded. After this step, the parents do not have any responsibility or claim towards the minor child.

Can a Child divorce a parent? The answer is 'YES'

An underage child can obtain emancipation from his/her parents. The singular method of doing so is by obtaining a minor divorce. Let us consider 2 circumstances in which such a divorce takes place.

  • If the parents allow the child to marry, then after marriage, the child is not the responsibility of the parents
  • If the parents permit the child to join the Armed Forces, then after joining the same, the minor child is held responsible for his/her deeds. The legal responsibility of the parents is assumed to be over after such an action

In case of the situations described above, the emancipation is after the consent and knowledge of the parents. Hence, this is not regarded as a penalizing action.

Why can a child divorce a parent?

Some of the reasons that answer this question are detailed below.

  • Some children have emotionally stunted parents. The child is not compelled to undergo life feeling like crap. However, there is an obligation on part of the child to become the best person possible for him/her. If the child is facing hurdles to achieve this aim while continuing a relationship with his/her parents, then the child thinks of a divorce

  • The child may become weary of getting a chronic bad feeling of residing with his/her parents. The reason for getting such a feeling might be as trivial as follows - each time the child drops in for dinner, his mother interferes in this action. This and other instances may be harming the mental and emotional stability of the child

  • The parents are continuously failing to rehabilitate themselves. They are simply beyond reform

  • It is just impossible to continue with the parents for reasons like those mentioned below
    • Parents lie to the child for any reason as well as for no apparent reason
    • Even if the child is an adult and has his/her own children, the parents hit their child
    • The parents hate themselves to such a degree that it is impossible for them to love any other person
    • The parents do not treat their child with adequate respect
Tips for a child who wants to divorce his/her parents
  • Communication between the parents and the child must not be in oral mode but in written form only
  • The child must take assistance of therapy for some duration after the divorce
  • If the child develops a bad feeling due to the divorce, he/she must find a person to confide in
  • The child must avoid getting angry over this issue
  • The child must not become a victim of the quarrel between his/her parents

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