How Old Do You Have To Be To Move Out In Colorado?
In Colorado, there is a common misconception that a child is automatically free to move out and make their own decisions upon reaching the age of 18. However, the legal age at which a minor can move out without their parents’ consent varies depending on their specific circumstances, including the relationship they have with their parents. Colorado law does not set a minimum age requirement for moving out. While there is no specific age limit, parental permission to leave the home or reach emancipation is required.
A minor is defined as a person under the age of 18, and a child is defined as a person under the age of 21 pursuant to federal law. Depending on the minor’s age, the decision to move can be made by the parents, the child, or the courts.
Colorado law authorizes a court to declare a minor emancipated, which relinquishes the rights of the parents and permits the minor to make their own legal and financial decisions. The State of Colorado understands that there are unique circumstances where a minor should not be forced to stay in the home.
The legal process for emancipation in Colorado is laid out in the Emancipation of Minors Act, C.R.S. §13-22-101. To be emancipated, a minor must prove that he or she has reached the age of at least 17 years old, is a resident of Colorado, and has either the written consent of his of her parents or the legal guardian, or has provided notice to the parents or legal guardian.
Any income or expense incurred by the child can also be used to demonstrate financial independence. According to C.R.S. §19-1-103(77), emancipation will enable the minor to "provide for his or her own care, custody, control, and earnings, whether dependent on parental assistance or not, and to contract, sue and be sued in his or her own name." An emancipated minor can buy and sell property, enter into contracts, consent to medical care , and establish their own residency. After a judicial declaration of emancipation, the minor is essentially treated as an adult in nearly all matters and can move out of the home without their parents’ consent.
However, an emancipated minor cannot obtain a marriage license, acquire a driver’s license, purchase or possess a handgun, vote, or serve in the military. Some courts will only grant an emancipation order if the sheriff, police chief, or juvenile caseworker has verified the minor’s safety and well-being.
A minor under the age of 16 may only move out of their parents’ home with the consent of the parents or legal guardian and the minor must be either enrolled in a public school or take a pass/fail equivalency test. For a minor between the ages of 16 and 18, moving from home to home does not require parental consent but employment or juvenile court approval is required. If a minor refuses to return home, either the parents or the minor can file a motion for removal with the Colorado Juvenile Court. A finding of the juvenile court will be based upon the best interests of the minor; if the juvenile court determines that a change of residence to the parents’ home would be detrimental to the child, the petition will be denied. The minor’s reasons for wanting to leave home must be serious enough, including abuse or neglect, that the Colorado Juvenile Court believes a change of residence would be in the minor’s best interest. A minor older than 12 years old can testify in the court hearing; a minor younger than 12 years old does not have to testify.
In Colorado, there are different interpretations regarding the age at which a minor can move out of their parents’ home without facing legal consequences. Whether it is by parental consent, emancipation, or a juvenile court-approved change of residence, a minor has options when it comes to moving out of their parents’ home.
Emancipation and Moving Out
In Colorado, a minor is not legally permitted to own property, enforce contracts, or sue or be sued. They must reach the legal age of majority, 18 in Colorado, to attain those rights and freedoms. However, if your child is determined to be independent, he or she may be able to move out at their own will. Emancipation is the legal process which grants emancipation in Colorado. Pursuant to C.R.S. 13-22-104, a minor must petition to the court in their residing district to terminate the relation of child and parent, and thus be emancipated.
If the court finds sufficient evidence to support that the minor has the ability to take care of their own basic needs, such as food, housing, medical care, or safety, then the court may terminate the relation between parent and child. This immediately places the minor at age of majority in the eyes of the law.
The following are some of the requirements for petitioning emancipation: Upon a minor’s emancipation, they are granted the same rights as an adult. This includes the ability to work and earn money, enter into contracts, open a bank account, and be liable for actions under law. Because of these grants, emancipation is a serious undertaking. Prior to filing a petition, the minor should consult legal counsel or have a complete understanding of the ramifications of termination of the parent-child relationship.
If you are unsure whether to allow your minor to move out, the following situations may lead to a minor seeking out emancipation: The age of majority in Colorado is 18 years old, but if you are searching for ways to allow your minor child to move out at a younger age, then seek legal counsel to discuss the ramifications to both you and your child. While true emancipation is a permanent choice, there are alternatives offered in Colorado which hold less weight and allow for more flexibility after the fact.
Moving Out With Your Parents’ Permission
In addition to emancipation, there are a few other situations where parental consent can be a means for a minor to legally move out of their parent’s home. For the most part, if a minor moves out to avoid parental supervision and they do not have either parental consent or emancipation, parents may be able to file a Parental Responsibility Statute claim (sometimes referred to as "beyond control") against both the minor and the minor’s friends, the parents of the friend, and the friend’s parents if they allow or encourage the minor to move into their home.
That being said, in some unique circumstances, parental consent allowing a minor to move out in Colorado before the age of majority may be a possibility. Much like emancipation, this primarily applies to minors who have demonstrated the ability to live independently, such as minors who work and are involved in other productive endeavors. Parental consent is not required if a minor married before age 18, as marriage provides the same rights as being emancipated.
In Colorado, two additional groups of exceptions exist that State law recognizes as providing a major or emancipated status:
Lastly, what about international or United States Military members? That is also a unique situation under Colorado law. If a minor has served on active duty in the United States Military, they may be considered a major. However, while active duty with a foreign military service may be cover an individual with a major status, restrictions on certain privileges still apply.
Legal Responsibilities and Legal Consequences
The responsibility that a minor assumes by moving out can be a heavy burden, so heavy that the law won’t allow it without consent from your parents or a court order. This is because your parents or the court have a vested interest in you as a minor and want to ensure your welfare. By moving out without legal consent or emancipation, you may open yourself up to many potential legal consequences. You could be charged with status offenses which are violations of law based on special status or condition rather than the commission of crime itself. For instance, a parent could charge a runaway child with violating curfew laws. If you are not emancipated , your new guardian may be committing abduction of a minor by taking you from your parents’ home without their permission. Abduction may be prosecuted as a felony.
Just as parents have rights and responsibilities for their children, you have rights and responsibilities toward your parents even if they no longer support or care for you. A fact that could quickly become the subject of an appeal to a higher paying job in order to pay child support. Even as an emancipated minor, you have many onerous responsibilities and obligations as a minor if you choose to move out.
Sources for Minors to Consider Moving Out
For minors contemplating the decision to move out or considering emancipation, there are resources available to guide them through the process. While some may feel it is uncomfortable to reach out for help, professionals and organizations are accustomed to assisting minors and are focused on ensuring they have accurate, complete information.
Legal assistance for minors
Many legal aid organizations work with minors or assist parents of minors with their legal issues. In Colorado, Colorado Legal Services provides a statewide lawyer referral service to connect residents with attorneys. Parental rights or emancipation legal issues can be discussed with the attorney during the initial consultation.
Counseling resources
A Colorado organization called The Center for Family Outreach assists children and teens with various family-related issues, such as divorce or mental health issues. The organization also provides career and financial counseling. Centers are located around the state, which allows minors to find a counseling center near their home.
Housing assistance for teenagers
The Colorado Coalition for the Homeless offers several housing assistance programs for Colorado teenagers. Related programs also include job training, skill development and youth advocacy services.
Advocacy
Both the Colorado Youth Advisory Council (CYAC) and the Colorado Alliance of Research, Advocacy, Support, and Services for Homeless Youth (CARASSSY) work with the local community to serve the best interests of minors throughout the state. The CYAC, which is an advisory board to the governor, can directly assist minors by collaborating with the state on policy issues. CARASSSY also coordinates many organizations in the Colorado community that advocate and assist homeless youth through housing, education and related means.
Frequently Asked Questions About Moving Out in Colorado
Here are some frequently asked questions and answers to help you and your family figure out the best plan of action for moving out.
My parents are kicking me out. What can I do?
Parents can’t just legally kick their children out of the house, but they can ask, "Please leave." If you’re 17 or 18, you’re an adult by law and your parents have no obligation to provide somewhere for you to stay. That means that they can kick you out, but it doesn’t mean they will. If they can’t kick you out and you’re under 17 years old, you have to live with them. A third option is to get a job and pay rent. If you can’t afford that, that’s okay. Just don’t live on the streets.
What do I need to do before I can legally move out?
You may feel like you’re completely mature enough to move out before your 18th birthday and get out of high school, but legally you can’t. Thankfully, the answer is not often so straightforward for answer to what do you need to do before you can legally move out, though.
What does emancipation mean?
Emancipation means that you want to go through the legal system to request to be treated like an adult and to separate yourself from your parents’ estate. It’s essentially saying "I’m a legal adult. Let me live how I want to live and do what I want to do . "
Is there an emancipation process in Colorado?
Some states have a separate process known as emancipation. It doesn’t really matter what it is, because Colorado doesn’t have an emancipation procedure. Colorado does have a specific age when a person is a legal adult, and once that person reaches that date, they can do what they want without worrying about what their parents think. There are only a few exceptions to this, including:
How does my age impact my ability to move out?
In general, the earliest you can move out is on your 18th birthday if you want to be a legal adult. At that point, your parents have no say in what you do and whether or not you move out. If you are younger than 18, there is no possible way to legally live independently.
How do I find a place to live when I’m on my own?
There are a lot of options for places to live outside your parents’ house. It just depends what you want to do. You can:
When should I move out?
The short answer is that every situation is unique, and you should consult a lawyer specific to your situation. The odds that all of the above-listed scenarios will ever apply to you are slim to none. That’s why it’s important to focus on what’s right for you. In short, when you’re ready.