Emancipation Your Divorce. Your Choices.

Emancipation in California

San Diego Family Lawyer – (619) 577-4900

In some situations, a minor under the age of 18 might want to become an independent adult and remove parental rights from their own parents. For example, if both parents suffer from substance addiction and cannot care for the child, or if they are abusive, it could feasibly be in the minor’s best interests to take care of themselves. California allows a minor to become an independent adult through a legal process known as emancipation.

Emancipating yourself from your parents is a delicate and complicated procedure. Your parents will have the opportunity, in most cases, to challenge the emancipation petition in court. To ensure you are ready for their challenges and moving towards a safe, stable future as an independent adult under the age of 18, team up with the caring, experienced, and knowledgeable San Diego emancipation attorneys of Law & Mediation Firm of Klueck & Hoppes, APC.

We want to guide you to a comfortable tomorrow. Contact us today to schedule a free consultation.

What Emancipation Can & Cannot Do

A successful emancipation opens new opportunities and bestows new rights upon the minor adult, who may also be referenced as an emancipated child in certain legal texts. It is not the exact equivalent as actually becoming an adult aged 18 or older, though. You need to understand what emancipation allows and does not allow in order to stay clear of legal complications.

An emancipated child gains the rights to:
  • Decide upon their own medical care
  • Apply for a work permit on their own
  • Enroll in colleges, universities, and schools of their choice
  • Choose their place of residence
An emancipated child does not have the right to:
  • Stop attending school
  • Financial support from their parents
  • Get married without parental permission
  • Adult criminal court – they will still be charged as a juvenile
  • Commit age-restricted acts, such as sexual acts with an adult

Keep in mind that your emancipation is not guaranteed. You will need to convince the court you can take care of yourself, you can act independently, and you would have suffered unduly if your parents retained their parental control over you. Emancipation can also be revoked by the court, which generally occurs if an emancipated child fails to financially support themselves or becomes involved with serious criminal allegations.

Have more questions about emancipation's benefits? Call (619) 577-4900 today to talk to our family lawyers in San Diego.

How to Become Emancipated in California

There is more than one way to become emancipated in California. The first option is joining the United States Armed Forces with your parents’ permission and acceptance from the Armed Forces. The second option is getting married with both the permission of your parents and a family law court.

The third emancipation method requires you to file a petition and meet these prerequisites:
  • You are at least 14 years old.
  • Your parents do not want to support you anymore, or are deemed unable to support you.
  • You can prove you are capable of making and managing your own finances.
  • You can reasonably argue why emancipation would be an overall benefit for your well-being.

While all three options can meet legal complications, the option to use a petition is arguably the most intricate. To take the guesswork out of your emancipation petition and improve your chances of winning the judge’s approval, work closely with our San Diego emancipation lawyers.

You can dial (619) 577-4900 or use our online contact form to begin.

LEADERS IN FAMILY LAW

REASONS TO WORK WITH KLUECK & HOPPES, APC
  • Comprehensive

    As skilled litigators, mediators, and negotiators, our firm is prepared to handle any type of family law case.

  • Collaborative

    Working together, we pull from our unique backgrounds and resources to achieve the best results possible.

  • Innovative

    We create tailor-made solutions to fit the unique needs of every client and help them move forward favorably.

  • Dedicated

    We are committed to serving a diverse clientele, all the while protecting the interests and fulfilling the needs of clients.

  • She gave me my life back.
    ⭐⭐⭐⭐⭐

    “Traci Hoppes is top notch!! I literally owe her so much more gratitude than I could even give. She gave me my life back. My divorce was horrific. I was a stay at home mom raised our kids, still one at ...”

    - Lynne T.
  • We were successful, despite the opposing party's contention. Thank you again to Garrison Kleuck and his entire team.
    ⭐⭐⭐⭐⭐

    “I needed to hire a lawyer to assist with having my daughter's last name changed. Law & Mediation Firm of Klueck & Hoppes' handled everything for me. We were successful, despite the opposing party's ...”

    - Jennifer B.
  • I appreciate all the hard work everyone demonstrated during my legal issue, first and foremost Garrison
    ⭐⭐⭐⭐⭐

    “Garrison Klueck is an excellent attorney. I had an outstanding experience in all my interactions with Garrison Klueck. I had a difficult situation and he masterfully navigated throughout the entire ...”

    - Jean M.
  • If something arises in the future that requires me to retain another lawyer in family court, this will be the firm I go with again
    ⭐⭐⭐⭐⭐

    “I've used the firm multiple times for ongoing custody disputes. Every time, it has been a great experience. I have had Koryn Sheppard, and Amy West as attorneys at this firm, and both were wonderful, ...”

    - Aaron F.
  • Just a great experience during a very difficult time
    ⭐⭐⭐⭐⭐

    “I have only positive things to say about the Law & Mediation Firm of Klueck & Hoppes especially attorney Koryn Sheppard in particular. I entered into my new founded situation, not knowing how to ...”

    - Jason C.
/

Your Next Chapter Starts Here

Contact Our Firm Today!
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.