[Note: Selection of the proper form and its use and modification to

[Note: Selection of the proper form and its use and modification to suit
individual facts and circumstances requires careful review of all the language
by the user.]
Form No. 13.1 Emancipation by Notarial Act
Emancipation
State of Louisiana
Of ____________________
Parish of _______________
By ____________________
BEFORE ME, the undersigned Notary Public, and in the presence of the
undersigned competent witnesses, personally appeared: ____________________,
whose address is ______________________________, and who are domiciled in the
Parish of _______________, who declared their intention to emancipate their
child, ____________________, who was born on __________, and confer unto their
child the full power of administration of the child's estate, including the
power to pass all acts which are confined to such administration, and further
to have all the rights and benefits of an emancipated minor as allowed by law.
THUS DONE AND PASSED, on _______________, in the presence of the
undersigned competent witnesses, who have signed their names with appearers
and me, Notary Public, after reading of the whole.
Witnesses:
Parents:
Notary Public
Form No. 13.2 Petition for Judicial Emancipation With Consent of Both Parents
PETITION FOR EMANCIPATION
The petition of ____________________, a minor child, __________ years of
age, born _______________, who is domiciled in __________ Parish, respectfully
represents:
1.
Petitioner's parents, ____________________, are married and living
together and have consented to this emancipation by written consent attached
to this petition.
2.
The reasons why petitioner desires to be emancipated are as follows:
3.
The value of petitioner's property is $_________ and consists of
____________________.
4.
Petitioner declares that he is fully capable of managing his own
affairs.
WHEREFORE, petitioner prays for a judgment of emancipation declaring
petitioner to be fully emancipated and relieved of all the disabilities, which
attach to minority, with full power to perform all acts as fully as if
petitioner had reached the age of majority.
Form No. 13.3 Affidavit of Parental Consent
EXHIBIT NO. 1 CONSENT OF PARENTS
State of Louisiana)
)
Parish of __________)
BEFORE ME, the undersigned Notary Public, personally appeared:
____________________, husband and wife, who declared that they are the parents
of ____________________, who was born on __________, and that their minor
child is fully capable of managing his own affairs. Appearers consent to this
court's entering a judgment fully emancipating and relieving the minor child
of all the disabilities which attach to minority, with full power to perform
all acts as fully as if the minor child had reached the age of majority.
Parents:
SWORN TO AND SUBSCRIBED, before me, on ____________________.
Notary Public
Form No. 13.4 Judgment Granting Emancipation
JUDGMENT OF EMANCIPATION
Considering the foregoing petition and exhibits, and upon finding that
there is good reason for the emancipation and that the minor child is capable
of managing his own affairs:
IT IS ORDERED, ADJUDGED, AND DECREED that petitioner, _______________,
is hereby fully emancipated and relieved of all the disabilities which attach
to minority, with full power to perform all acts as fully as if he had reached
the age of majority.
JUDGMENT RENDERED AND SIGNED, in chambers, on the _____ day of
_______________, 20_____, in _______________, Louisiana.
Judge
Form No. 13.5 Petition for Judicial Emancipation When Parents Are Separated or
Divorced and One Parent Has Been Awarded Custody; With Affidavit of
Parental Consent
PETITION FOR EMANCIPATION
The petition of ____________________, a minor child, _____ years of
age, born __________, who is domiciled in __________ Parish, respectfully
represents:
1.
Petitioner's parents are divorced. Custody of the petitioner has been
awarded by judgment to __________, whose written consent to this emancipation
is attached to the petition as Exhibit 1. A certified copy of the judgment
awarding custody is attached to this petition as Exhibit 2.
2.
The reasons why petitioner desires to be emancipated are as follows:
3.
The value of petitioner's property is $__________ and consists of
__________.
4.
Petitioner declares that he is fully capable of managing his own
affairs.
WHEREFORE, petitioner prays for a judgment of emancipation declaring
petitioner to be fully emancipated and relieved of all the disabilities, which
attach to minority, with full power to perform all acts as fully as if
petitioner had reached the age of majority.
* * *
EXHIBIT NO. 1 CONSENT OF CUSTODIAL PARENT
State of Louisiana)
)
Parish of __________)
BEFORE ME, the undersigned Notary Public, personally appeared:
_______________, who declared that she is the mother of _______________, who
was born on __________, and that she has been awarded the custody of
petitioner by judgment, a copy of which is attached to this petition as
Exhibit 2.
Appearer declares that the petitioner is fully capable of managing his
own affairs, and consents to this court's entering a judgment fully
emancipating and relieving the minor child of all the disabilities which
attach to minority, with full power to perform all acts as fully as if the
minor child had reached the age of majority.
Parent:
SWORN TO AND SUBSCRIBED, before me, on ____________________.
Notary Public
Form No. 13.6 Judicial Emancipation When One Parent Is Deceased, Absent, or
Unable to Sign; With Affidavit of Parental Consent
PETITION FOR EMANCIPATION
The petition of ____________________, a minor child, __________ years of
age, born __________, who is domiciled in __________ Parish, respectfully
represents:
1.
Petitioner's ____________________ is deceased, having died on
____________________. The consent of petitioner's surviving parent is
attached as Exhibit 1 to this petition.
2.
The reasons why petitioner desires to be emancipated are as follows:
3.
The value of petitioner's property is $__________ and consists of
__________.
4.
Petitioner declares that he is fully capable of managing his own
affairs.
WHEREFORE, petitioner prays for a judgment of emancipation declaring
petitioner to be fully emancipated and relieved of all the disabilities, which
attach to minority, with full power to perform all acts as fully as if
petitioner had reached the age of majority.
* * *
EXHIBIT NO. 1 CONSENT OF PARENT
State of Louisiana)
)
Parish of __________)
BEFORE ME, the undersigned Notary Public, personally appeared:
_______________, who declared that she is the mother of ____________________,
who was born on __________, and that petitioner's ____________________ is
deceased, having died on __________.
Appearer specifically declares that the petitioner is fully capable of
managing his own affairs. Appearer consents to this court entering a judgment
fully emancipating and relieving the minor child of all the disabilities,
which attach to minority, with full power to perform all acts as fully as if
the minor child had reached the age of majority.
Parent:
SWORN TO AND SUBSCRIBED, before me, on ____________________.
Notary Public
Form No. 13.7 Petition for Emancipation on Grounds of Ill Treatment With Rule
to Show Cause Against Parents Why Minor Should Not Be Emancipated
PETITION FOR EMANCIPATION BY REASON OF ILL TREATMENT WITH RULE TO SHOW CAUSE
The petition of ____________________, a minor child, _____ years of
age, born __________, who is domiciled in __________ Parish, respectfully
represents:
1.
Petitioner's parents, ____________________, are married and living
together and have refused to consent to this emancipation, and it is thus
necessary to have a rule to show cause issue against them.
2.
Petitioner desires to be emancipated on the grounds of ill treatment,
refusal to support, and corrupt examples, more specifically detailed as
follows:
3.
The value of petitioner's property is $_________ and consists of
__________.
4.
Petitioner declares that he is fully capable of managing his own
affairs.
WHEREFORE, petitioner prays:
1. That a rule issue directed to __________, to show cause why
petitioner should not be emancipated; and
2. For a judgment of emancipation declaring him to be fully emancipated
and relieved of all the disabilities, which attach to minority, with full
power to perform all acts as fully as if he had reached the age of majority.
* * *
ORDER
IT IS ORDERED, that a rule to show cause issue herein directed to
____________________, to show cause on the _____ day of _______________,
20_____, at _____ o’clock A.M.why the application of ____________________ to be
emancipated should not be granted.
_______________, Louisiana, this
_____ day _______________, 20_____.
Judge
* * *
JUDGMENT GRANTING EMANCIPATION
This cause came for trial on ____________________, upon petitioner's
application for emancipation. Present: ____________________, attorney for
plaintiff, ____________________ attorney for defendant.
When, after reading the pleadings, hearing the evidence and arguments of
counsel, the Court being satisfied that there is good reason for the
emancipation and that the minor child is capable of managing his own affairs:
IT IS ORDERED, ADJUDGED, AND DECREED that petitioner, _______________,
is hereby fully emancipated and relieved of all the disabilities which attach
to minority, with full power to perform all acts as fully as if he had reached
the age of majority.
JUDGMENT RENDERED AND SIGNED, in open court, on the
_______________, 20_____, _______________, Louisiana.
Judge
_____ day of
Form No. 13.8 Petition for Judicial Emancipation When Both Parents Are
Deceased and Tutor Consents
PETITION FOR EMANCIPATION
The petition of ____________________, a minor child, __________ years of
age, born __________, who is domiciled in ____________________ Parish,
respectfully represents:
1.
Petitioner's parents are deceased, his mother having died on
and his father having died on ____________________. A tutor has been
appointed by order of court, a certified copy of which is attached to this
petition as Exhibit 2. The consent of the tutor is attached to this petition
as Exhibit 1.
2.
The reasons why petitioner desires to be emancipated are as follows:
3.
The value of petitioner's property is $_________ and consists of
__________.
4.
Petitioner declares that he is fully capable of managing his own
affairs.
WHEREFORE, petitioner prays for a judgment of emancipation declaring
petitioner to be fully emancipated and relieved of all the disabilities, which
attach to minority, with full power to perform all acts as fully as if
petitioner had reached the age of majority.
* * *
EXHIBIT NO. 1 CONSENT OF TUTOR
State of Louisiana)
)
Parish of __________)
BEFORE ME, the undersigned Notary Public, personally appeared:
__________, who declared that he has been appointed the tutor of
____________________, who was born on __________. A certified copy of the
judgment appointing appearer as tutor is attached as Exhibit 2.
Appearer specifically declares that the petitioner is fully capable of
managing his own affairs. Appearer consents to this court's entering a
judgment fully emancipating and relieving the minor child of all the
disabilities which attach to minority, with full power to perform all acts as
fully as if the minor child had reached the age of majority.
Tutor:
SWORN TO AND SUBSCRIBED, before me, on ____________________.
Notary Public
Form No. 13.9 Petition for Judicial Emancipation When Both Parents Are
Deceased With Rule to Show Cause Why Tutor Should Not Give Consent to
Emancipation
PETITION FOR EMANCIPATION WITH RULE TO SHOW CAUSE WHY TUTOR SHOULD NOT GIVE
CONSENT
The petition of ____________________, a minor child, __________ years of
age, born __________, who is domiciled in __________ Parish, respectfully
represents:
1.
Petitioner's parents are deceased, his mother having died on
and his father having died on ____________________. A tutor has been
appointed by order of court, but has refused to consent to this emancipation,
and it is thus necessary to have a rule issue against him to show cause why
petitioner should not be emancipated.
2.
Petitioner desires to be emancipated for the following reasons:
3.
The value of petitioner's property is $_________ and consists of
__________.
4.
Petitioner declares that he is fully capable of managing his own
affairs.
WHEREFORE, petitioner prays:
A. That a rule issue directed to his tutor, __________, to show cause
why petitioner should not be emancipated; and
B. For a judgment of emancipation declaring him to be fully emancipated
and relieved of all the disabilities, which attach to minority, with full
power to perform all acts as fully as if he had reached the age of majority.
* * *
ORDER
IT IS ORDERED, that a rule to show cause issue herein directed to
_______________, to show cause on the _____ day of _______________, 20_____,
at _____ o’clock A.M., why the application of __________ for emancipation
should not be granted as prayed for.
_______________, Louisiana, this
20_____.
_____ day of _______________,
* * *
JUDGMENT GRANTING EMANCIPATION
This cause came for trial on ____________________, upon petitioner's
application for emancipation. Present: ____________________, attorney for
plaintiff, ____________________ attorney for defendant.
When, after reading the pleadings, hearing the evidence and arguments of
counsel, the Court being satisfied that there is good reason for the
emancipation and that the minor child is capable of managing his own affairs:
IT IS ORDERED, ADJUDGED, AND DECREED that petitioner,
____________________, is hereby fully emancipated and relieved of all the
disabilities which attach to minority, with full power to perform all acts as
fully as if he had reached the age of majority.
JUDGMENT RENDERED AND SIGNED, in open court, in _______________,
Louisiana, on the _____ day of _______________, 20_____.
Judge
Form No. 13.10 Petition for Emancipation; When Both Parents Deceased;
Appointment of Special Tutor; Order, Oath, and Consent
PETITION FOR EMANCIPATION AND APPOINTMENT OF SPECIAL TUTOR
The petition of ____________________, a minor child, __________ years of
age, born __________, who is domiciled in __________ Parish, respectfully
represents:
1.
Petitioner's parents are deceased, his mother having died on __________
and his father having died on __________, and no tutor has been appointed. It
is thus necessary that a special tutor be appointed to give his consent to
this emancipation.
2.
The reasons why petitioner desires to be emancipated are as follows:
3.
The value of petitioner's property is $_________ and consists of
__________.
4.
Petitioner declares that he is fully capable of managing his own
affairs.
WHEREFORE, petitioner prays:
That a special tutor be appointed to consent to this emancipation; and
For a judgment of emancipation declaring petitioner to be fully
emancipated and relieved of all the disabilities, which attach to minority,
with full power to perform all acts as fully as if petitioner had reached the
age of majority.
* * *
ORDER
Considering the foregoing petition and prayer:
Let __________ be appointed and sworn as the special tutor of
__________.
_______________, Louisiana, this
20_____.
_____ day of _______________,
Judge
* * *
OATH OF SPECIAL TUTOR
State of Louisiana)
)
Parish of __________)
BEFORE ME, the undersigned Notary Public, personally appeared:
____________________, who solemnly swears that he will well and faithfully
perform all the duties of special tutor of the minor, __________, who is
praying to be emancipated.
Tutor:
SWORN TO AND SUBSCRIBED, before me, on ____________________.
Notary Public
* * *
CONSENT OF SPECIAL TUTOR
State of Louisiana)
)
Parish of __________)
BEFORE ME, the undersigned Notary Public, personally appeared:
____________________, who declared that he has been appointed the special
tutor of ____________________, and who declares that the petitioner is fully
capable of managing his own affairs. Appearer consents to this court entering
a judgment fully emancipating and relieving the minor child of all the
disabilities, which attach to minority, with full power to perform all acts as
fully as if the minor child had reached the age of majority.