Is There a Chance I Can Become Emancipated

[WhalezFTW]

My question involves juvenile law in the State of: California.
I'm currently 16, in enrolled in high school with a very high GPA, and I do have a job. I'm living with my dad and want to get emancipated due to his anger issue's, physical and mental abuse; I do have evidence of all three. (I'm not wanting to involve child services in anyway) He is only there for me financially, nothing else. My friend said it would be totally fine to live with her and her mom for one year until I go away to college. My mom is currently paying child support since my dad has full custody. I do have not spoken or seen my mom since the custody case (about one year ago). I have a few questions regarding my situation.
1.) Is this a fair enough reason to get emancipated? and, is there a chance?
2.) Will my mom have to get involved in this matter?
3.) Will my dad lose child support checks from my mom?
4.) Does my dad find out if I'm going through the emancipation process in any way?
- If you need more information to answer some of these questions just let me know.

[aardvarc]

1.) Is this a fair enough reason to get emancipated? and, is there a chance?

No. And no. Emancipation is about you proving the court that you and you alone are capable of supporting yourself 100% - that means market rate for rent, utilities, food, clothing, transportation, health insurance, and all the expenses of life. The reason WHY you want emancipation isn't as important as showing the court your track record of self-support and convincing the judge that you'll be able to maintain it. Depending on some other family to support you won't cut it.

2.) Will my mom have to get involved in this matter?

Yes, as a parent she'll need to either consent, or will have an opportunity to oppose your petition.

3.) Will my dad lose child support checks from my mom?

Yes, if emancipation occurs, all child support stops (unless arrears are owed, they'd remain due until paid off).

4.) Does my dad find out if I'm going through the emancipation process in any way?

Yes, the court will want to hear from BOTH parents. No, you're not going to be able to emancipate "secretly".


Read the stickied threads on emancipation, what it really IS, what it's NOT, and what it is and isn't intended to do. It's NOT meant as a way to leave abuse, and the courts won't treat it as such. It's meant to provide legal support for minors who are already taking care of themselves and with a proven history of doing so. If abuse is occurring, that's the job of social services. If you refuse to involve social services, and do not meet the requirements of support you'd need to get emancipation, then you're stuck.