EMANCIPATION

 

WHAT IS EMANCIPATION?

 

Emancipation is a legal procedure that declares a minor free from the custody and control of their parents or guardians before they reach the age of majority. In California, the age of majority is eighteen. If you become emancipated, you will be able to do certain things without your parent’s consent, such as:

 

* Live where you choose.

* Sign binding contracts.

* Keep your own earnings.

* Buy, sell, lease, or give away any interest you have in real or personal

property.

* Obtain a work permit without parental consent.

* Enroll yourself in school or college.

* Obtain a driver’s license.

* Sue someone in your own name.

* Make a valid will.

* Give consent to your medical, dental and psychiatric care.

 

You will also give up your right to be supported by your parents.

 

Even if you are emancipated:

 

·         You must attend school. Compulsory education laws require you to remain

in school until you graduate or reach the age of eighteen.

 

·         You cannot work as many hours as you want. Child labor laws still apply,

and work permit rules must be followed.

 

·         You cannot get married without parental consent. You must have parental

consent to be married until you are eighteen.

 

·         You may be tried as an adult if you commit a crime. However, the fact that

you are emancipated has no direct bearing on whether or not you will be tried as

an adult.

 

·         You cannot have sexual intercourse with whomever you choose. Sexual

intercourse is illegal until you are eighteen.

 

HOW DO I BECOME EMANCIPATED?

 

There are three ways you can become emancipated:

 

1.    You can get married. This requires parental consent and permission from the Court.

 

2.    You can join the armed forces. This requires parental consent and acceptance by the military.

 

3. You can obtain a court order from a judge.

 

If you want to be declared emancipated, you must convince the judge that you meet ALL of the following requirements:

 

1. You are at least 14 years old.

 

2. You willingly want to live separate and apart from your parents with the consent or acquiescence of your parents. This means your parents do not object to you living apart from them.

 

3. You can manage your own finances.

 

4.    You have a source of income that does not come from any illegal activity.

 

5.    Emancipation would not be contrary to your best interests; it is good for you.

 

WHAT FORMS DO I NEED TO FILL OUT?

 

You will need to complete certain forms and file them with the court. You can get blank forms to fill out from the Family Law Branch Office of the Court or from the Court Facilitator. The forms you must fill out are:

 

* Petition for Declaration of Emancipation of Minor, Order Prescribing Notice,

Declaration of Emancipation, and Order Denying Petition (MC-300).

* Emancipation of Minor-Income and Expense Declaration (MC-306)

* Notice of Hearing (MC-305)

* Declaration of Emancipation of Minor After Hearing (MC-310).

 

FILING FEE OR WAIVER

 

You will be required to pay a $355.00 filing fee to file your emancipation petition. If you cannot afford to pay the fee, you can file an application to have the fees waived, including an Application for Waiver of Court Fees and Costs form and an Order on Application of Court Fees and Costs forms. Unless waived, you shall pay the filing fee as specified. The ability or inability to pay the filing fee is not in and of itself evidence of the status of the degree of financial responsibility of the minor, as required for emancipation. You are also required to pay a $75.00 investigation fee to Family Court Services before your request will be evaluated.

 

DO I HAVE CHOICES OTHER THAN EMANCIPATION?

 

Emancipation is only one of several alternatives available to you if you feel you cannot live with your parents. You may want to consider other options such as:

 

v  Family counseling between you and your parents

 

v  Living with another responsible adult like an aunt, uncle, grandparent, or

family friend.

 

v  Seeking assistance from public and private agencies

 

v  An informal agreement with your parents allowing you to live outside

your home