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.
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 day 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 wellbeing.
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 an online contact form to begin.