Vermont Statutes Title 12 Sec. 7155
Terms Used In Vermont Statutes Title 12 Sec. 7155
- Emancipated minor: means a minor who:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Risk of harm: means a significant danger that a child will suffer serious harm other than by accidental means, which would be likely to cause physical injury, neglect, emotional maltreatment, or sexual abuse. See
§ 7155. Findings; order of emancipation
(a) After completion of the hearing and consideration of the record, the court shall make findings and issue its order. If the court finds that the minor meets the criteria in subsection 7151(b) of this chapter and that emancipation would be in the best interests of the minor, the court shall forthwith issue an order of emancipation.
(b) At the time of the hearing under this section, the court shall consider the best interests of the minor in accordance with the following criteria:
(1) emancipation will not create a risk of harm to the minor;
(2) the likelihood the minor will be able to assume adult responsibilities;
(3) the minor’s adjustment to living separate and apart from his or her parents, guardian, or custodian; and
(4) the opinion and recommendations of the minor’s parents, guardian, or custodian.
(c) In ascertaining the best interests of the minor under this section, the court shall consider the appointment of a guardian ad litem.
(d) Any order of guardianship or custody shall be vacated before the court may issue an order of emancipation. Other orders of any division of the Superior Court may be vacated, modified, or continued in this proceeding if such action is necessary to effectuate the order of emancipation. Child support orders relating to the support of the minor shall be vacated, except for the duty to make past-due payments for child support, which, under all circumstances, shall remain enforceable.
(e) The court may require an emancipated minor to report periodically to the court or to another person specified by the court, regarding the minor’s compliance with the provisions of subsection 7151(b) of this title. Failure to report as required may result in the emancipation order being vacated upon notice to the parties.
(f) An order of emancipation shall be conclusive evidence that the minor is emancipated. (Added 1995, No. 145 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 93.)