To get emancipated in Maryland, a minor must get married, join the military or be abused, neglected or unsupported by a parent. If the parent willingly relinquishes rights and obligations to the child or forces the child out on his own, the minor can be emancipated.
When a minor reaches the age of 18, emancipation is not necessary because the individual automatically becomes legally recognized as an adult at this age. Maryland does not have a clear procedure or law that dictates how an emancipation is processed. Judges usually rely on common law, which means their decision is influenced by past decisions made by other judges. Every case is viewed individually, and the minor must provide proof that substantiates his reason for leaving.
In a legal proceeding, it is up to the minor to show why he wishes to be emancipated. The motives of both the parent and child are closely examined. If the parent is willing to allow the child to live independently, it may not be necessary to go to court. Legal intervention is only required when there is a disagreement. If a child leaves and the parent does not demand his return, the child is emancipated. Sometimes it is necessary to use a mediator to come to an agreement that satisfies both parties.