California emancipation help
i am looking into getting emancipated. my dad commited suicide when i was 3, my mom has been a Tweak her whole life. when i was 16 she lost her apartment so my sis ( 18 at the time) and i got our own place. i paid her a share of rent. i dont go to school. there i no reason to go to school simply because i have no credits and i should be a senior this year. it wont do me any good..my sis has moved out and i worked out with my landord to stay there by myself because i told her my situation, and i got a co signature. .i work full time for my grandfathers company and pay 750 for my apartment plus utilities. im 100 % supportimg myself. im not in school . which is breaking a law. im curious if i can still get emancipated. my mom gets 100 bucks a month from government for my dads death, and i've never seen a dime of that even though she's not even supporting me. she's hurting. i dont even want to see her. she has no problem with me getting emancipated. if i go infront of a judge and try to get emancipated. is he gonna say no and put me in school, but if that happens i dont have a place to live. my mom is living house to house at all her drug dealing friends house. so i refuse to be around or around her friends that she associates with. i've been 100% supporting myself for the last 8 months. what are my options?...should i just stay in my position and wait until im 18 ..im 17 now...its not until almost another year until im 18...i wish i could get emancipated.
thanks
California Emancipation Law
California's emancipation code provides,
Quote:
Quoting California Emancipation Law - Family Code Sections 7000-7002; 7120-7123
7000. This part may be cited as the Emancipation of Minors Law.
7001. It is the purpose of this part to provide a clear statement defining emancipation and its consequences and to permit an emancipated minor to obtain a court declaration of the minor's status. This part is not intended to affect the status of minors who may become emancipated under the decisional case law that was in effect before the enactment of Chapter 1059 of the Statutes of 1978.
7002. A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied:
(a) The person has entered into a valid marriage, whether or not the marriage has been dissolved.
(b) The person is on active duty with the armed forces of the
United States.
(c) The person has received a declaration of emancipation pursuant to Section 7122.
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7120. (a) A minor may petition the superior court of the county in which the minor resides or is temporarily domiciled for a declaration of emancipation.
(b) The petition shall set forth with specificity all of the following facts:
(1) The minor is at least 14 years of age.
(2) The minor willingly lives separate and apart from the minor's parents or guardian with the consent or acquiescence of the minor's parents or guardian.
(3) The minor is managing his or her own financial affairs. As evidence of this, the minor shall complete and attach a declaration of income and expenses as provided in Judicial Council form FL-150.
(4) The source of the minor's income is not derived from any activity declared to be a crime by the laws of this state or the laws of the United States.
7121. (a) Before the petition for a declaration of emancipation is heard, notice the court determines is reasonable shall be given to the minor's parents, guardian, or other person entitled to the custody of the minor, or proof shall be made to the court that their addresses are unknown or that for other reasons the notice cannot be given.
(b) The clerk of the court shall also notify the local child support agency of the county in which the matter is to be heard of the proceeding. If the minor is a ward of the court, notice shall be given to the probation department. If the child is a dependent child of the court, notice shall be given to the county welfare department.
(c) The notice shall include a form whereby the minor's parents, guardian, or other person entitled to the custody of the minor may give their written consent to the petitioner's emancipation. The notice shall include a warning that a court may void or rescind the declaration of emancipation and the parents may become liable for support and medical insurance coverage pursuant to Chapter 2 (commencing with Section 4000) of Part 2 of Division 9 and Sections 17400, 17402, 17404, and 17422.
7122. (a) The court shall sustain the petition if it finds that the minor is a person described by Section 7120 and that emancipation would not be contrary to the minor's best interest.
(b) If the petition is sustained, the court shall forthwith issue a declaration of emancipation, which shall be filed by the clerk of the court.
(c) A declaration is conclusive evidence that the minor is emancipated.
7123. (a) If the petition is denied, the minor has a right to file a petition for a writ of mandate.
(b) If the petition is sustained, the parents or guardian have a right to file a petition for a writ of mandate if they have appeared in the proceeding and opposed the granting of the petition.
It seems likely that a court would take your truancy into account when considering if a grant of emancipation was appropriate, but that does not appear to be required by the statute.