Parent consenting to emancipation. How do I proceed?

[Rai]

Here is the situation, briefly:

I am 17 years old and working at Starbucks part-time and as a soccer referee for the United States Soccer Referees Association on weekends. I graduated high school nearly two years ahead of my age-group, one year ahead of my graduating class and I now attend the local community college. I go to school full-time - I am taking nine classes this semester. I live with my uncle and his husband in San Diego. My parents are divorcing so my father is living with me and my uncles temporarily.

Due to the divorce, my dad is having a hard time financing my college education - especially since I will be transferring to a private University this fall. My grandparents are offering to help out with school costs and I would also like to do my part financially (even if it is just paying for school books, I want to help out as much as I can). Unfortunately, working the two jobs I have now is only bringing me about $500 MAXIMUM per month. I save at least 2/3 of this money in an investment account every month for my future. Therefore, I need a way to earn more money.

I have plenty of time to devote to working more hours, but due to child labor laws, I am not allowed to work more than 25 hours at Starbucks. This is insufficient. If I get emancipated, I will be able to work more hours and earn more money for college. I have discussed this with my father and I have assured him that my wanting to get emancipated has nothing to do with him. I do not want to do this to get away from him or hurt him - only to help him financially. He is willing to consent to my emancipation.

Now, my questions are: 1) Is this an acceptable case for emancipation? 2) Is there a way - possibly an easier way - for me to get emancipated WITH my father's consent?

[elorei]

I can not shed any light at all on your post, I just wanted to say that it is nice to see an emancipation post like this. Of the countless emancipation posts on this forum, yours actually seems legit.

[panther10758]

I agree but I think one roadblock to emancepation will be your income $500.00 a month will not support you and in order to qualify for emancepation you must be 100% self supporting

[Happy Trails]

What does mom think about it?

Have you tried applying for financial aid?

[panther10758]

I do not believe finacial aid qualifies as being "self" supporting

[aaron]

I suspect that was suggested as an alternative to paying for college by saving money from a low-paying job. (i.e., rather than working an extra 15 hours per week for the next few months, presumably overshadowing the last semester of high school... pocketing maybe an extra $1,500 or $2,000 over the next four or five months, get financial aid or take out a student loan.)

[Happy Trails]

I do not believe finacial aid qualifies as being "self" supporting

Right, but that isn't why I asked that.

He also states that he has father's consent, but mom is going to be involved if he does petition the court.

If he can prove the following:

§ 7120. Petition.

(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 Section 1285.50 of the California Rules of Court.

(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.

Also this link has information that is helpful.

I don't know if he will be able to achieve this or not.

[chicochica]

I've been trying to get emancipated since i was 16. It is a very lengthy process. I am now almost 17 1/2 and I am just now getting it granted. If yours is a situation u simply cant live through for one more day, by all means try, but if not that bad, its better to stick it out til your b-day.
*You will NEED to make more money if you want to get emancipated. Its a good idea to get involvd in restaurants. Try to become a waiter, youll make good tips and can easily make an extra couple hundred per month if you save them. Thats what i do.
*I too had a parents consent. But they will still require that a notice be served to your mom even though your dad signed the consent, with full custody or not. Then you will have to fill out all the necessary forms.
* Go to the court and ask the clerk for the emancipation packet. Its $1.00. Make sure you get a fee waiver also. Fill those out COMPLETELY, also, make sure you attach copies of your check stubs to your fee waiver, otherwise your hearing will get set an extra month ahead. Also attach a letter from you stating your living situation, what your expenses are and where you WILL be living independent from your guardians. Attach proof of admission into a college. I also graduated early but they like to see that you are still in school. Any financial aid stubs, should be stapled on also. If you have bank accounts, make copies of those documents giving proof. Basically try persuade them that you are fit to care for yourself.

The judge has a month to approve, deny, or set another hearign for more info. Just make sure there are no blanks on your papers or youll be set back.