State of California Emancipation Law

Emancipation laws vary by state in terms of the minimum age and other requirements. California’s Emancipation of Minors Law is designed to provide minors the opportunity to petition for emancipation, as well as giving the parents of the minor the chance to grant their consent to the emancipation, and also, to appeal the ruling.

Defining Emancipation

Emancipation allows minor children to become adults in the eyes of the law before their 18th birthdays. Under the California Emancipation of Minors Law, emancipated minors are no longer under the custody of their parents, can obtain medical care, register for school and live independently. They are not allowed to vote or drink alcohol until they reach legal age, however.

Grounds For Automatic Emancipation

In California, minors are emancipated if they join the military or are married, although both of these actions require parental permission. Once a petition for emancipation has been filed, the parents of the minor in question have the opportunity to give their consent. If this happens and the court approves the petition, then emancipation will be automatically granted.

Criteria For Emancipation

In order for a minor to be eligible for emancipation in California, she must meet certain criteria, including being at least 14 years of age, proving that she has the ability to support herself financially, not living with their parents or guardians during the emancipation proceedings, and ability to prove that emancipation would be beneficial for her.

Petitioning For Emancipation

Minors must fill out an official petition, Form MC-300, and attach an expense declaration and income form and other applicable documents. These may include letters from employers and landlords and related documents. There is also a fee that must be paid at the time of filing.

Appealing An Emancipation Ruling

If a petition for emancipation is denied, under California state law, the minor can appeal. If a petition is approved (sustained), the parents of the minor child also have the ability to appeal.

References

• Fox Family Law: Emancipation And California Law
• California Courts Self-Help Center: Families And Children: Emancipation Questions And Answers