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Emancipation



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. The downside is that if you are emancipated you give up the right to be supported by your parents.

Even if you are emancipated you must go to school, you can't get married without your parent's permission 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