Sunday, February 12, 2012

Minor Emancipation

Definition of Emancipation

An emancipation is a legal procedure that frees children from the custody and control of their parents or guardians before they reach the age of majority. (In California this is age 18.) If you become emancipated, you will be able to do certain things without your parents' consent, such as:

  • Consent to medical treatment;
  • Apply for a work permit;
  • Enroll in school or college.

You will also give up your right to be supported by your parents. If you are emancipated:

  • You must still attend school;
  • You cannot get married without parental consent.

Definition of a Legal Guardian

All references in this Web site to parent or parents include legal guardians or guardians.

How to Become Emancipated

There are three ways you can become emancipated:

  • You can get married. (This requires parental consent and permission from the court.)
  • You can join the armed forces. (This requires parental consent and acceptance by the service.)
  • You can obtain a declaration of emancipation from a judge.

This information tells you only about how to be declared emancipated by a judge. If you want to be declared emancipated by a judge, you must convince the judge that you meet ALL of the following requirements:

  • You are at least 14 years old.
  • You willingly want to live separate and apart from your parents with the consent or acquiescence of your parents. (Your parents do not object to you living apart from them.)
  • You can manage your own finances.
  • You have a source of income that does not come from any illegal activity.
  • Emancipation would not be contrary to your best interests; it is good for you.

Emancipation Forms

A packet of forms required to file for legal emancipation is available free of charge at the Cashier's Window located in Room 100 at the William R. Ridgeway Family Relations Courthouse from 8:30 a.m. to 4:00 p.m., Monday through Friday, excluding court holidays. The forms included in the packet are:

You must file a petition for Declaration of Emancipation of Minor form in the county in which you live. You must also complete and attach to the petition an Emancipation of Minor -- Income and Expense Declaration form. Only the minor may petition the court for emancipation. You will be asked to provide a verifiable residence address.

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 have children, tell how you are supporting them. You could also include letters from your 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 set a hearing date from the clerk and give notice of the hearing to your parents.
  • If you know where your parents live, but you 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.

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 Room 100 of William R. Ridgeway Family Relations Courthouse for filing.

When you get to the court, tell the front counter clerk that you are filing a Petition for Emancipation. The clerk who handles minor emancipations will come to the front counter and look at your paperwork for correctness. That clerk will take the petition and its copies and order you to return the next day to the courthouse to pick up your completed paperwork.

Filing Fees

You may be required to pay a fee of $314.50 to file your emancipation petition.

If you cannot afford to pay the fee you can file an application to have the fees waived, but you must do so at the time you are filing your petition. Those forms include an Application for Waiver of Court Fees and Costs form and an Order on Application of Court Fees and Costs form. The Application for Waiver of Court Fees and Costs and the Order on Application of Court Fees and Costs form may be obtained at no cost from the Filing Counter in Room 100 of the William R. Ridgeway Family Relations Court or on-line from the Judicial Council of California - external link.

Unless waived, the petitioner 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 financial responsibility of the minor as required for emancipation.

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:

  • family counseling or mediation service between you and your parents;
  • living with another responsible adult (aunt, uncle, grandparent, or family friend);
  • 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; or
  • set a hearing on your petition to be conducted within 30 days thereafter.

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 without a hearing.

You will pick up a copy of the endorsed filed document the next day when you return for your paperwork.

Declaration of Emancipation denied

You may pick up a copy of the endorsed filed document the next day when you return for your paperwork.

Setting a hearing and giving notice

If the judge wants more information, he/she will order that a hearing be held at a later date. The judge will determine who must be advised of the existence of that hearing. The court clerk will contact you to notify you of the court's decision and that the paperwork is ready to be picked up.

The court clerk sends out notice to the parties the judge designates with a copy to the District Attorney's office. This is very important because the judge may be very strict about making sure that all parties were given proper notice before granting an emancipation petition.

The judge may, at the time of hearing, request that the parties undergo mediation through either the 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 front 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 when you return to the William R. Ridgeway Family Relations Courthouse the next day. 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 you 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 Emancipated 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.

Is Emancipation Permanent?

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 of Emancipation.