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What does emancipation do?

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  • 05-04-2006, 06:37 AM
    mbarr
    What does emancipation do?
    I have a son who will be 17 in a couple months. He has recently gotten in trouble with the law which has brought to some legal questions. I want to protect my family from losing everything we have worked for. If my son were to commit another crime can we be sued personally and if so does emancipating protect us from that?
    If I emancipate him does that mean that he has to live on his own and get a job or does he have to do that before he can be emancipated?
    sorry I know it is confusing.

    thanks
  • 05-04-2006, 06:44 AM
    aaron
    Re: What does emancipation do?
    The availability and effect of emancipation vary by state, as does a parent's responsibility for the acts of a minor. What state are you in?
  • 05-04-2006, 06:57 AM
    mbarr
    Re: What does emancipation do?
    i am in the state of California
  • 05-04-2006, 07:21 AM
    aaron
    Re: What does emancipation do?
    Information on California emancipation is available here. It appears that California requires that a minor be capable of self-support before emancipation is possible.
  • 05-04-2006, 08:33 AM
    mbarr
    Re: What does emancipation do?
    Do you know how the law reads in California, as far as me being legally accountable for my minor sons actions. Can I be sued and lose any of my property or assets?
  • 05-04-2006, 09:51 AM
    aaron
    Re: What does emancipation do?
    The governing civil statute appears to be the following:
    Quote:

    Quoting California Civil Code, Section 1714.1.
    (a) Any act of willful misconduct of a minor which results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct.

    Subject to the provisions of subdivision (c), the joint and several liability of the parent or guardian having custody and control of a minor under this subdivision shall not exceed twenty-five thousand dollars ($25,000) for each tort of the minor, and in the case of injury to a person, imputed liability shall be further limited to medical, dental and hospital expenses incurred by the injured person, not to exceed twenty-five thousand dollars ($25,000). The liability imposed by this section is in addition to any liability now imposed by law.

    (b) Any act of willful misconduct of a minor which results in the defacement of property of another with paint or a similar substance shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs, and attorney's fees, to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, not to exceed twenty-five thousand dollars ($25,000), except as provided in subdivision (c), for each tort of the minor.

    (c) The amounts listed in subdivisions (a) and (b) shall be adjusted every two years by the Judicial Council to reflect any increases in the cost of living in California, as indicated by the annual average of the California Consumer Price Index. The Judicial Council shall round this adjusted amount up or down to the nearest hundred dollars. On or before January 1, 1997, and on or before January 1 of each odd-numbered year thereafter, the Judicial Council shall compute and publish the amounts listed in subdivisions (a) and (b), as adjusted according to this subdivision.

    (d) The maximum liability imposed by this section is the maximum liability authorized under this section at the time that the act of willful misconduct by a minor was committed.

    (e) Nothing in this section shall impose liability on an insurer for a loss caused by the willful act of the insured for purposes of Section 533 of the Insurance Code. An insurer shall not be liable for the conduct imputed to a parent or guardian by this section for any amount in excess of ten thousand dollars ($10,000).

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