STEP 1:
In order to complete your request to the court for a Emancipation Order you will need to fill
out ALL of the following documents:
  • MC-300: Petition for Declaration of Emancipation of Minor, Order Prescribing notice,
    Declaration of Emancipation, and Order Denying Petition
  • MC-306: Emancipation of Minor Income and Expense Declaration
  • MC-305: Notice of Hearing-Emancipation of Minor
  • MC-310: Declaration of Emancipation of Minor After Hearing

A fee may be required to file your emancipation request with the court, the typical fee is $350
(fee subject to change) but you may be entitled to a fee waiver in which case you would not
be required to pay any fee to file. See “fee waiver” section for more information and to see if
you qualify.

STEP 2:
You will need to write a letter to the court which explains how you will live once you are no
longer supported by your parents, why you want to be emancipated, how you will support
yourself without your parents and if you currently have children, how you will pay for their
basic needs.

If you don’t know where your parents or legal guardians are currently living (you can’t find
them), then tell the court where and when you last saw them and what you have done to
find them since then.

If you don’t want to tell your parents about the petition for emancipation then you need to
explain to the court in detail your reasons. You are essentially asking the court for permission
to proceed in your case without notifying your parents.

As part of your letter you may include letters from your boss (to show you are working and
responsible)

STEP 3:
After you have completed all of the forms listed above (and if possible, obtained your parents
signatures) take the forms and any attachments to the clerk’s office for filing. You will want to
take FOUR copies with you.

Typically, within 30 days of filing the petition the judge will GRANT your petition, DENY your
petition, or SET A HEARING to be conducted within 30 days.
  • If the judge accepts your petition without a hearing you will get a “Declaration of
    Emancipation without Hearing” (MC-300). You are now emancipated
  • If the judge wants more information, you will have a hearing within 30 days. You may
    be required by the court to give notice to your parents and other people about the
    hearing.
    Notice is when someone over 18 sends or gives a copy of the petition to the people the
    judge lists. Then he or she has to fill out a Proof of Service form and file it with the clerk.
    This is very important. The judge may not give you emancipation if everyone doesn't get
    notice.

STEP 4:
You’re DONE. The court will either GRANT or DENY your emancipation request.
Fresno County Small Claims
and Civil Advisory
a project of the BBB in Partnership with Fresno Superior Court
Steps for Emancipation process
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