Seeking Emancipation as a Minor in California

Seeking Emancipation as a Minor in California

Seeking Emancipation as a Minor in California

In most cases, children benefit from receiving support and remaining under the custody of their parents until they reach 18 years of age. However, for some minors, it is more beneficial and advantageous to be considered an adult and no longer live with their parents. A legal way to do so is called emancipation. Emancipation is a very serious decision to make and if you are considering becoming emancipated, it is recommended that you speak with experienced lawyers, counsellors, and other appropriate adults prior to making that legal choice.

What happens when you get emancipated

When the parents have custody of their child, they can make decisions regarding the child’s living situation, health care, education, and many other needs. Emancipation, on the other hand, strips parents of these rights. When a child is emancipated, they can decide where to live, how to control their expenses and, generally speaking, behave like an adult. In California, there are three possible ways of receiving emancipation: marriage, the armed forces, or a legal declaration. In each situation, the law views the child no longer as a minor, but rather as an adult.

Receiving emancipation

When speaking of emancipation, cases usually refer to receiving a declaration of emancipation from a judge. This requires completing and filing legal paperwork, arguing your case to a judge, and attending any required meetings/hearings. The judge must then accept or deny your request for emancipation. If the request is accepted, the emancipated minor receives documentation that states their legal emancipation, allowing them to act as an adult.

 

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