What You Need to Know About California Laws and Procedures of the Emancipation of Minors
Emancipation is a way for children to be legally considered adults before they are 18 years old. Once a minor has been emancipated, their parents do not have control or any authority over them. Here is what you need to know about the emancipation of minors in California.
California courts have the authority to grant a child emancipation, and this distinction is usually permanent. Emancipation gives minors the freedom to do things without their parents’ permission, however, it also removes the parent’s responsibility to financially support their child.
The Advantages and Disadvantages of Emancipation
If a minor becomes emancipated, there are certain things they can do without parental permission, such as:
- Receive medical care
- Apply for a work permit
- Sign up for schooling or college
- Live where they would like to
If a minor becomes emancipated, however, they give up the right to be financially supported by their parents. Emancipated minors must:
- Go to school
- Go to juvenile court if they break the law
- Obtain parents’ permission to get married
Legal Ways to Become Emancipated in California
In California, there are three ways for a minor to become emancipated:
- Get married. As mentioned above, for a minor to get married, they need permission from their parents as well as permission from the court.
- Join the armed forces. To join the armed forces, permission from parents is needed, and the armed forces must also accept the minor.
- Get a declaration of emancipation from a judge.
Ways to Become Emancipated in California
To declare emancipation, a child must meet the following requirements:
- The minor is at least 14 years old. Usually, the minor must be 16 years old, however, 14-year-olds can petition for emancipation in California.
- The minor does not want to live with their parents and the parents do not mind if the child moves out of their home.
- The minor can handle their own money.
- The minor has a legal way to make money.
- The emancipation would be beneficial to the minor.
After these requirements have been proven, the following steps must be taken to receive a declaration of emancipation:
1. Fill out all the forms.
Required forms include:
- Petition for Declaration of Emancipation of Minor
- Order Prescribing Notice
- Declaration of Emancipation
- Order Denying Petition
2. Write a statement.
The statement must explain the minor’s living situation, why they wish to be emancipated, how they support themselves, and how they support their children, if applicable.
3. Have the forms reviewed by the court.
Family law facilitators and/or self-help centers can support a minor in reviewing relevant paperwork.
4. File the petition, other forms, and the statement.
5. Get a hearing, if needed.
Depending on the county in which the minor resides and whether or not the parents consent to the emancipation, a hearing may be needed.
6. If a hearing date is received, give proper notice.
If a minor receives a hearing date for their emancipation case, they must inform their parents and/or any other person the court requires to receive notice. Failure to provide notice may result in not receiving emancipation.
7. Wait for a judge’s decision.
8. Go to your court hearing if applicable.
If a child does not want to live with their parents but also does not want to be emancipated, there are other options. The child could go to counseling or mediation with their parents, live with another adult or relative such as an aunt, grandparent, or family friend, get help from public or private agencies, or make an agreement with their parents to live somewhere else. Emancipation is an important decision and should be the last resort for a child; the responsibility to financially support themselves is a large undertaking for a minor.
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If you are seeking emancipation in California, contact us. Get your free consultation with one of our experienced Emancipation Attorneys today!