MINOR EMANCIPATION

Emancipated allows a youth to be freed from the custody and control of their parents and to have many of the rights and responsibilities of an adult.

Their are three ways a minor may become emancipated: 1. Get married with parental consent and permission from the court. 2. Join the military. 3. Go to court and have the judge declare you emancipated.

Yes, to be emancipated by a judge, a minor must give his/her parent(s) notice of the court hearing, and the parent(s) may go to court to contest the emanicpation.

•  You must be at least fourteen years old.
•  You must be living apart from your parents with their consent.
•  You must be managing your finances and have a legal source of income.
•  The judge must find that emancipation is in your best interest.
•  The judge also wants to see that you are in school or have a GED.
•  If you are a dependent or ward of the Juvenile Court you must file your petition  in the Juvenile Court.

•  Live where you choose.
•  Sign binding contracts.
•  File legal actions.
•  Keep your own earning.
•  Get a work permit without parental consent.
•  Enroll yourself in school.
•  Consent to your own mmedical, dental, and psychiatric care.
•  Stay out as later as you want.

• Support yourself financially.
•  Get youor own medical insurance.
•  Pay all of your bills.
•  Be financially and legally responsible for your own actions.

•  You must go to school until you graduate or turn eighteen.
•  You cannot work as many hours as you want.
•  You cannot get married without the consent of your parents.
•  You cannot have sex - statutory rape laws make illegal for anyone to have sex  with a minor.
•  You cannot drink alcohol until you turn twenty-one.
•  You cannot vote until you turn eighteen

No, emancipation is meant to be a positive step for a minor, not a way for parents to get out of their parental responsibilities.

If you would like to discuss all of your options, including emancipation, you can call Legal Services for Children. for more legal resources click HERE.

Legal Services for Children
1254 Market Street, Third Floor San Francisco, CA 94102
(415) 863-3762
Legal Services for Children

In filling out the forms you must:

•  Print or type ALL information requested on the forms.
•  Sign and date the petition.
•  Include a statement explaining your living situation, why you want to be  emancipated, and how you are supporting yourself. If you hhave children, tell  how you are supporting them. You could also include letters from yoour  employer and your landlord.
•  If you do not know where your parents or guardians live, you must tell the court  when you last saw your parents and what efforts you have made to find out  where your parents live.
•  If you know where your parents live, but they refuse to sign the consent, you  must give notice of the hearing to your parents.
•  If you know where your parents live, but yu do not wish to notify one or both of  them about this petition, you must state ALL your reasons and request the  court waive notification to your parents. The hearing date is obtained at the  time your petition is filed.

Filing Emancipation Paperwork:

After you have completed the forms and all necessary attachments and obtained your parents signatures (if possible), take the original plus three copies and the attachments to the Probate Clerk's Office or you may submit by mail and must include a self addressed stamped envelope for return of your confromed copies.

A filing fee of $320.00 is required at the time of filing or an application for the fee waiver. Click here for more information about the fee waiver.

Emancipation is only one of several alternatives available to you if you feel you cannnot live with your parents. You may want to consider other options such as:

•  Family counseling or mediation service between you and your parents.
•  Living with another responsible adult (aunt, uncle, grandparent, or family  friend).
•  Establishing a formal guardianship through the court.
•  Seeking assistance from public and private agencies.
•  An informal agreement with your parents allowing you to live outside your  home.

Declaration of Emancipation by a Judge

The Court will notify the District Attorney's Office of the existence of the petition. The District Attorney's Office will check to see if your parents are collecting support from you. If so, they will oppose the petition. If not, the judge will:

•  Grant your petition or
•  Deny your petition

Declaration of Emancipation granted without a hearing

If the judge finds that all notice and consent requirements have been met or waived and that emancipation is not contrary to your best interests, the judge may grant your petition prior to your hearing date without an appearance. You can check the probate notes to obtain more information regarding your case.

TThe judge may, at the time of hearing, request that the parties undergo mediation through either Family Court Services prior to making a decision on the petition. At that time, your case will be continued to another date and you will be ordered to go set a mediation date at the Family Court Services from counter.

What to do if the judge grants the Petition for Emancipation

If the judge grants your petition for emancipation without a hearing, you will receive your copies of the filed documents via mail. You must submit the Declaration of Emancipation for signature. If the judge grants your petition for emancipation after a hearing is held, you will receive your copies of the filed documents at that time. The clerk will file the original Declaration of Emancipation and give your copies to keep as proof of your emancipation. You will need to put these papers in a safe place; you may need to show these copies to employers, landlords, doctors, school officials, or others who would otherwise require parental consent.

If you want to notify the Department of Motor Vehicles (DMV) about your emancipation, complete an Emancipation Minor's Application to California Department of Motor Vehicles (MC-315) form and take it to the DMV along with a certified copy of the Declaration of Emancipation.

Emancipation is usually permanent. However, if there are statements on your petition that are not true or if you become unable to support yourself, the court may set aside the Declaration or Emancipation.