INSTRUCTIONS: PETITION FOR LIMITED EMANCIPATION OF MINOR 

According to §41-1-501 of the Montana Annotated Code, a youth who is 16 years of age or older, the youth’s parent, or the department of public health and human services may petition for limited emancipation for the youth. 

“Petition for Limited Emancipation of Minor Step 1”

Apart from the petition, you’ll also need the following forms:

· Order Setting Hearing

· Notice of Hearing on Limited Emancipation of a Minor

· Consent to Limited Emancipation of a Minor (optional)

· Order for Limited Emancipation of a Minor

· Affidavit of Inability to Pay (if petitioner cannot afford filing fees)

“Petition for Limited Emancipation of Minor Step 2”

Make sure to do the following when filling out the forms:

· Fill out all the blanks on the Petition for Limited Emancipation of a Minor

· Sign and date all of the forms

· Fill out the judicial district, county, and caption on all forms

“Petition for Limited Emancipation of Minor Step 3”

If your parents or legal guardian consents to the limited emancipation, make sure they fill out a consent form and sign it in front of Notary Public. Make copies of all the forms after they are completed.

“Petition for Limited Emancipation of Minor Step 4”

Go to your county courthouse and give the Clerk of District Court the petition along with all other necessary forms.  If your parents have signed consent forms, file each form with the court as well. 

“Petition for Limited Emancipation of Minor Step 5”

If you cannot afford the filing fees at this time, you need to fill out an Affidavit of Inability to Pay.

“Petition for Limited Emancipation of Minor Step 6”

Give the Clerk a self-addressed stamped envelope and make sure he or she mails two copies of the Order Setting Hearing and Notice of Hearing after the judge has signed the forms.  Give the copies to the Clerk and have them stamp the copies.  Make sure you keep the forms.

“Petition for Limited Emancipation of Minor Step 7”

Arrive to the hearing at least 15 minutes early.  Make sure you’re prepared to list specific reasons why you’re seeking emancipation.

“Petition for Limited Emancipation of Minor Step 8”

If the judge approves the emancipation, he or she will sign the Order after the hearing.