Emancipation is a legal way for children to become adults before they're 18. Once a child is emancipated, his or her parents don't have custody or control of him or her anymore. If you are emancipated, you can do some things without your parent's permission, like get medical care, apply for a work permit, sign up for school or college and live where you want to. If you are emancipated however, you give up the right to be supported by your parents, you must continue to go to school and you will go to juvenile court if you break the law.
If you decide you want to get emancipated there are 3 ways:
- Get married. You need permission from your parents and the court.
- Join the armed forces. You need permission from your parents and the armed forces must accept you.
- Get a declaration of emancipation from a judge. To get a declaration of emancipation, you have to prove ALL of these things:
- You are at least 14 years old. You don't want to live with your parents.
- Your parents don't mind if you move out.
- You can handle your own money.
- You have a legal way to make money.
- Emancipation would be good for you.
Steps to get a Declaration of Emancipation
Remember, Emancipation is usually forever. But the court can cancel your Emancipation if you lie to the court or if you can't support yourself anymore.
Prior to filing for Emancipation, you should consider the other options including going to counseling or mediation with your parents, living with another adult, or making an agreement with your parents to live somewhere else.
Form Description ....................................................................................................................... Form
Petition for Declaration of Emancipation of Minor, Order Prescribing Notice, .............................. EM-100
Declaration of Emancipation, and Order Denying Petition
Emancipation Pamphlet ............................................................................................................... EM-100-INFO
Notice of Hearing-Emancipation of Minor ..................................................................................... EM-109
Emancipation of Minor Income and Expense Declaration ............................................................ EM-115
Declaration of Emancipation of Minor After Hearing ..................................................................... EM-130
Emancipated Minor's Application to California Department of Motor Vehicles .............................. EM-140