Emancipation for a 16-Year-Old

Hello, My name's Ashley, i'm 16 years old and I live in Big Bear City, California. I would like to become emancipated, I know you have to meet certain requirements, but I feel as though I do. About 3 months ago bothe of my grandparents became very ill. I've lived with my grandparents and my dad since I was 2 years old. My dad passed away when I was 10, So up until about 5 or 6 weeks ago i've been living with my aunt and uncle. They're pretty nice to me, but they treat me like i'm one of their children when i'm not. I don't even want to be here with them. I feel as though i'm able to take care of myself, I have a job, a car, and I know a lot of things. I've been through a lot of stuff that most people don't go through until they're much older. About 2 weeks ago my grandpa passed away, it was really hard. I considered him my dad, He was the only father figure in my life for the past 6 years. My grandma is still in the hospital, i'm pretty sure she's not going to be able to get out either. She's losing her memory very bad, I don't think she's going to make it much longer. So that's my story. I know that i would be able to take care of myself. My aunt and uncle let me live here for free, but I have to pay for gas and some clothes, and since I have a job I don't see why I couldn't live on my own. I know if I ever had problems I would always have friends and family. But this is really what I want to do. I just want to be on my own. I'm old enough and independant enough. Please let me know what you think.


Sincerely, Ashley

First of all I am sorry to hear about your family. I am glad you are doing well.

You must be sure you want to live by yourself. You can retain an attorney if you choose. Here are the steps on how to get a Declaration of Emancipation by yourself:

Go to the Court Clerk in your County and ask for "Emancipation" Forms. You shall be given a packet of the following forms: Petition for Declaration of Emancipation of Minor, Order Prescribing Notice, Declaration of Emancipation, and Order Denying Petition (MC-300), Emancipation of Minor -- Income an Expense Declaration (MC-306), Notice of Hearing (MC-305) and Declaration of Emancipation of Minor After Hearing (MC-310).

When you are finished filing go back to the court, tell the front counter clerk that you are filing a Petition for Emancipation. The clerk who handles minor emancipations will come to the front counter and look at your paperwork for correctness. That clerk will take the petition and its copies and order you to return the next day to the courthouse to pick up your completed paperwork.

You may be required to pay a fee of about $300.00 to file your emancipation petition. If you cannot afford to pay the fee you can file an application to have the fees waived, but you must do so at the time you are filing your petition. Those forms include an Application for Waiver of Court Fees and Costs form, 982(a)(17) and an Order on Application of Court Fees and Costs form 982(a)(18). The Application for Waiver of Court Fees and Costs and the Order on Application of Court Fees and Costs form may be obtained at no cost from the Filing Counter.

The Court will notify the District Attorney's office of the existence of the petition. The District Attorney's office will check to see if your aunt and uncle are collecting support from you. If so, they will oppose the petition. If not, the judge will grant your petition, deny your petition, or set a hearing on your petition to be conducted within 30 thereafter.

If you would like more information see: http://www.lsc-sf.org/problems/emancipation.html

I hope you the best.

I am sorry for your loss.

Since your father is dead you should be receiving Social Security survivor's benefits, how much are you receiving? Who is your representitive payee? What year in high school have you completed? Have you taken or are scheduled to take the CHSP test? How much do you earn after taxes from your P/T job? Do you have any income from trusts, life insurance or anuities? Did your father, gf or gm have a will or trust? How much would it cost you to live on your own? How much have you saved? Do you realize that your Social security money will end when you turn 18? Where is your mother? Who has legal guadianship of you? Instead of filing for Emancipation, I will suggest you instead go to the probate court, explain your situation and ask the court to appoint a GAL/ Guardian ad Litem. This person will look at all aspects of your situation and assist you in representing your best interest and how to acces services. There are a number of legal aspects to your situation that are beyond the scope of emancipation per se. so you need counsel from someone familar with California law and the local rules for your countie's superior cour.

Here are some links in CA to help you.

982(a)(27) APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM —CIVIL. CASE NUMBER:. EX PARTE. Note: This form is for use in civil proceedings in which a party is a minor, ...
www.courtinfo.ca.gov/forms/fillable/982a27.pdf
FL-935 APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
GUARDIAN AD LITEM OF MINOR—FAMILY LAW. Code of Civil Procedure, § 373;. Family Code, § 7635. Form Approved for Optional Use. Judicial Council of California ...
www.courtinfo.ca.gov/forms/fillable/fl935.pdf
[ More results from www.courtinfo.ca.gov ]

Probate Rule 13 Guardian Ad Litem and Compromises of Claims of ...
J. TRANSFER OF FUNDS OF A MINOR OR A PERSON WITH A DISABILITY TO A TRUST A. GUARDIAN AD LITEM. A guardian ad litem has no authority to accept funds on ...
www.sccsuperiorcourt.org/probate/rule5.13.htm