Emancipation In California

My question involves emancipation laws for the State of: California
I'm sixteen currently and will be entering my Senior year of high school in August. I will be graduating in December 2008 when I will be 17, after that I want to move to Southern CA in order to go to college. I do have a job currently and would get one there before I moved. I may be able to get my parents to consent. But could I get emancipated under these circumstances? Since it would be in my best interest.
And another question if I were to get emancipated, could I legally sign a lease on an apartment?

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Quoting ZombieLisa.

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But could I get emancipated under these circumstances?

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To get a declaration of emancipation, you have to prove ALL of these things:

• You are at least 14 years old.
• You don't want to live with your parents. Your parents don't mind if you move out.
• You can handle your own money.
• You have a legal way to make money.
• Emancipation would be good for you.

More details here.

Quote:

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Quoting ZombieLisa

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And another question if I were to get emancipated, could I legally sign a lease on an apartment?

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If you find a landlord willing to rent to you.

I am also curious about the statement "In your best interest".

If this is intended to help with college financial help, it won't work.

Yes, I don't know if you've realized that if you are emancipated, your parents have no responsibility to provide any help with college tuition.

Is that a bridge you wish to burn?

aaron; Thank you.

cyjeff; It is not in order to get financial help for college. It is so I have the ability to go to college.

cbg; My parents had no intention or the money to help pay for my college intuition anyway. I am already paying for everything I use, food, clothes, car insurance, etc.

panther10758; There was no bridge to begin with. My parents don't assist me as they should anyway. And staying with them will only hold me back from going to college.

Thanks to Aaron:


Can you get emancipated? Probably not.
Some states don't allow emancipation, or offer a very limited form that does not remove you from the custody of your parents.
Those permitting emancipation often require that you already be living independently, supporting yourself from your own income and savings, before you can emancipate. Most states require that you be at least sixteen years old to emancipate.
Some states require your parents to consent to emancipation, and all will let your parents oppose your petition to emancipate.
Before you post you should review your state's laws by reviewing existing threads in this forum.

Most likely, your complaints against your parents does not provide you with grounds for emancipation. The following complaints are not grounds for emancipation:
I want to move in with my boyfriend/girlfriend, and my parents won't let me.
My parents won't let me date.
My parents ground me all the time.
I hate my parents.
My parents are moving and I don't want to go.
I'm always arguing with my parents.
My parents have too many rules.
I want to live with my dad instead of my mom (or my mom instead of my dad).
If you are being abused by your parents, you should report the abuse to the authorities. 1-800-4-A-CHILD.

Most emancipation laws require you to be financially self-sufficient. That means you must be able to support yourself at the time you bring your petition for emancipation. It does not mean:
I will live with somebody who will support me.
Once I'm emancipated I'll be able to get a job and then I can support myself.
I'll apply for public assistance after I emancipate.
Pregnancy will not emancipate you from your parents.

You will be entitled to make your own decisions concerning your medical care and the care of your child, but otherwise you will remain in your parents custody.

As if you are pregnant you need to be able to support not only yourself, but also a child, the chances of becoming emancipated if you are pregnant are vanishingly small.



I placed portion in bold I feel apply to you there may be more

And are you paying for rent, electricity, gas, phone, medical insurance, 100% of your food, car payments as well as the insurance, renters insurance, taxes...

As Aaron noted earlier that is "if" you find a Landlord willing to rent to you. I suspect most will not due to your age and lack of rental history and credit rating

panther10758; What you posted I read before. It is very vague, since certain parts of that may or may not apply to California. Do I have to be moved out before I can file for emancipation?

cbg; I do not pay rent currently. My car doesn't have payments due, I got it for very cheap from a family friend. I do pay for the insurance on my car and for me to be put on my family's insurance. I help them pay for electricity and phone.
And I do not have medical insurance and have not had so for 6 years, due to my parents which makes me think that it would be easier to get emancipated since they don't financially take care of me at all, and I am taking care of myself despite that I don't pay for rent.