Family Law Blog

All Family Law Topics - The Process Of Becoming an Emancipated Minor in the State of California

Thursday, August 03, 2017

Minor Emancipation is the legal procedure in which an adolescent can become independent of their parents' control and responsibility if they are under the age of 18. The minor seeking emancipation from their parents must consider several things before entering into this process and should speak to a family law attorney to become fully informed. It's important that the adolescent understands the adult responsibilities of becoming emancipated and what they need to do before petitioning the California court system to approve their emancipation. The petition for emancipation is an application reviewed by a judge presiding in family court. If the judge feels the minor does not meet the requirements to become emancipated, they can deny the minor's petition until they can meet all the stipulations.

According to the family laws of the state of California, the minor petitioning for emancipation is at least 14 years old. The adolescent will need to obtain the necessary forms to fill out, specifically the form Petition for Declaration of Emancipation of Minor, Order Prescribing Notice, Declaration of Emancipation, and Order Denying Petition. Another form that needs completion and submission with the paperwork is Emancipation of Minor Income and Expense Declaration. A statement written by the minor and provided with the forms will be for the purpose of informing the court the reason for requesting emancipation, the manner in which they will live as an independent minor, and how they will support themselves financially. It would also be helpful to include letters from employers or landlords certifying that the minor does have employment and has established a place of residence.

Before submitting the petition for emancipation for filing in the court system, the minor should have all paperwork reviewed by a family law attorney, ensuring it is correctly completed. For any questions about the Minor Emancipation procedure or to schedule an appointment, please contact us.