Are your parents unreasonable? Perhaps they are abusive. Maybe they are emotional, illogical wreaks and you just want them to get out of your life. Perhaps they squander your money. Maybe they interfere with your physical, emotional, mental, financial stability. Emancipation may be for you.
Firstly, what does it mean to become “emancipated?” Well, it’s a legal way for minors to become adults before they reach the age of majority, which in California is 18. If you become emancipated, your parents cease to have custody and control of you. You can do things like get medical care, apply for a work permit, sign up for school or college, and live where you want to without your parents’ permission. Amazing, I know.
So, reader, you must be itching with desire to know how to become emancipated. In California, there are three ways to achieve emancipation.
The first way is to get married. In California, in order to get married under the age of 18, you need permission from your parents and the courts.
The second way to become emancipated is to join the armed forces. There are two prerequisites for this option. You first need permission from your parents. The armed forces must also accept you.
The third and last way to become emancipated is to get a declaration from a judge. In order to get a declaration, you must prove the following: (1) you are at least 14 years old (2) you don’t want to live with your parents and your parents don’t have an objection (3) you must show fiscal responsibility (4) you can financially and legally support yourself (5) you must show that emancipation would be beneficial for you.
This how-to guide provides instructions for the third option.
You first need to fill out your “Petition for Declaration of Emancipation of Minor, Order Prescribing Notice, Declaration of Emancipation, and Order Denying Petition [form MC-300].” This form is just a formal confirmation of the 4 requirements I outlined above.
You need to attach the following forms to your petition: (1) Emancipation of Minor-Income and Expense Declaration [form MC-306] (2) Notice of Hearing-Emancipation of Minor [form MC-305] (3) Declaration of Emancipation of Minor After Hearing [form MC-310].
You also need to write a statement. The statement needs to explain how you live, why you want to be emancipated, how you support yourself, and if you have children, how you support them. If you don’t know where your parents or guardians live, say so on your statement. Go into detail about the last time you saw your parents and how you’ve tried to locate them. If you don’t want your parents to know about the petition, write all the reasons why. You can ask permission from the court to not tell your parents.
You’ll probably earn extra points if you can attach positive letters from your employer and your landlord attesting to your responsibility and reliability, but this is not mandatory.
And that’s it. After that, all you’ll need to do is file the petition (with all the other forms) and your statement.
All you need to do is to take all your paperwork into the court clerk’s office in your county of residence. Don’t know where to find the court clerk’s office? Here is a list of county courts in California. Make sure to make copies. Ask the court clerk in the county where you’re filing the petition how many copies you need. Be sure to ask the clerk how your court handles emancipations. Usually, emancipations are filed in juvenile court.
If your parents refuse to give you permission to get emancipated, obtain a hearing date from the clerk. Make sure to tell your parents about the hearing.
And that’s it. Lengthy, isn’t it?
The judge who is handling your case has 30 days to either accept or reject or petition. Or he or she may set a hearing for your petition. The hearing will be scheduled within 30 days. Whatever course of action is taken, the clerk should give you an “endorsed-filed” copy of the judge’s decision.
If the judge decides to emancipate you without a hearing, you will receive a “Declaration of Emancipation Without Hearing [form MC-300]”
However, not everyone is so lucky, and the judge wants more information. He or she will probably schedule a hearing within 30 days if this is the case. You may have to notify your parents or other people about the hearing.
The “notice” must be delivered by someone over 18. The person giving a notice has to fill out a “Proof of Service” form and file it with the clerk. Contact your local police department. They may deliver notices for a small fee.
When you’re emancipated (HOORAY!), you must file your papers at the clerk’s office. You will receive copies of your “Declaration of Emancipation.” This is a very important paper, so file it where you keep copies of your birth certificate, passport, or other official documents. This document is what you need to show any future employers, landlords, doctors, school officials or anyone else who asks for parental consent.
Disclaimer: I am not a lawyer. This is not legal advice.
