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  1. #1
    Join Date
    Oct 2007
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    4

    Default Emancipation

    Hi, I am 16 and a current resident of CA. I have graduated high school and am currently enrolled in a community college. I have a job as well as FAFSA from the college. I seek emancipation because I am in a place where I am underage, but expected live as an adult with the responsibilities, but not the power or privileges.

    My situation at home is not the most pleasant one, however my main reason for seeking emancipation is because I am not legally able to give my consent for college programs, activities, a credit card to build my credit, ect. Also, I already pay for all my own expenses, except I am still living at home. I find that living at home and being legally obligated to let my parents make my most important decisions for me, is proving to not be in my best interests. They think of me as a high school student still, and do not understand that I need to be able to go to a medical conference for an entire weekend, or stay up late studying, or begin building good bank credit so that the school loans I will apply for in two years have lower interest. Also, they think I am "too young" to drive. I am currently commuting twice a week to Rocklin (about an 1 and 1/2 drive), and I have to find people to car pool with each week or take the bus. Although they still want to make my decisions for me, they do not feel they need to support me in any other way than to let me live under their roof. I am also having some health care issues, but my parents won't pay or take me to a doctor. Any doctor that even gives me a physical without their consent is breaking the law. I think i would really benefit from the removal of some of the disabilities of minority.

    I have already looked into the process of emancipation but I had a few questions. I have read several times that emancipation is obtained with parent consent, and you have to be living away from home WITH THEIR CONSENT, before your emancipation can be accepted.

    If I had the court hearing and my parents came and did not give their consent, would that simply be an end to the process?

    If I moved away from home, with a relative, friend, or by myself without their consent to prove that I can in fact sustain myself without parent/guardian support would that be considered running away?

    Does the fact that I have my high school diploma affect my ability to achieve emancipation status in the state of California?

    And how can I prove that I would be better off being emancipated if it is illegal for me to move away without their consent? Is there a way to prove that I am capable without breaking the law? Could I get a court order for perhaps allowing a set time period where they would let me move out without consent and be on my own see how I do?

  2. #2
    panther10758 Guest

    Default Re: Emancipation

    Who do you think is going to give you credit at 16!? Here is statute you asked about



    California - 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.

    --------------------

    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.

  3. #3
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Emancipation

    Hm...that's not what I was really looking for. I found that fairly well on my own. I suppose the questions I have would be better suited to ask to a county representative in person. And there are these magical credit cards known as student credit cards. If you have the legal right to go into contract, and are enrolled in college, and have a job - credit isn't impossible to establish. Difficult in given situations, but not impossible.

  4. #4
    panther10758 Guest

    Default Re: Emancipation

    Your question was posted un emacipation. I admit I glanced through your post. Your answers on emancipation can be answered in statute your credit issues will have to be taken up with each creditor you apply for loans with

  5. #5
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Emancipation

    Eh, I don't exactly have "credit issues." It wasn't exactly a point I thought would be dwelled on. Thank you for your time in regards to the emancipation family code section. I understand that you are not paid for your services and I can't expect you to look at every post in-depthly.

  6. #6
    panther10758 Guest

    Default Re: Emancipation

    have already looked into the process of emancipation but I had a few questions. I have read several times that emancipation is obtained with parent consent, and you have to be living away from home WITH THEIR CONSENT, before your emancipation can be accepted
    Yes that is correct but not 100%

    If I had the court hearing and my parents came and did not give their consent, would that simply be an end to the process?
    No you could still follow through with it but it makes it tougher

    If I moved away from home, with a relative, friend, or by myself without their consent to prove that I can in fact sustain myself without parent/guardian support would that be considered running away?
    Yes it would providing your reported as a run away

    Does the fact that I have my high school diploma affect my ability to achieve emancipation status in the state of California?
    It helps but is not sole factor in decision

    And how can I prove that I would be better off being emancipated if it is illegal for me to move away without their consent? Is there a way to prove that I am capable without breaking the law? Could I get a court order for perhaps allowing a set time period where they would let me move out without consent and be on my own see how I do?



    The court order would be the emancipation itself. Without consent to live on your own its tougher and if you leave you can be reported as a run away which will hurt your chances of successful emancipation. by the way around 1% of all the emancipation petitions are denied so its an uphill fight.

    Now have I answered your questions?

  7. #7
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Emancipation

    If I had the court hearing and my parents came and did not give their consent, would that simply be an end to the process?
    Pretty much, yes.
    If I moved away from home, with a relative, friend, or by myself without their consent to prove that I can in fact sustain myself without parent/guardian support would that be considered running away?
    Yes.
    Does the fact that I have my high school diploma affect my ability to achieve emancipation status in the state of California?
    It would help, IF your parents granted consent.

    You mentioned nothing (at least nothing that I read) about your job. That's a really big issue.

  8. #8
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Emancipation

    panther - yes and thank you. That's exactly what I was looking into.

    jojo - I did mention I have a job as well as financial aid in the from of a school grant, and that I am paying for all my own expenses - food, transportation, cell phone, clothes, health care, ect.

  9. #9
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Emancipation

    Yep, you did. Sorry. I skipped that sentence.

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