§ 7155 - Findings; order of emancipation - Vermont Statutes

§ 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 interest 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;

(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 the family or probate 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 section 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.)