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  1. #1
    Join Date
    Jul 2008
    Posts
    2

    Default How Should I Handle Taking Out My Emancipation?

    My question involves emancipation laws for the State of: California

    I want to get emancipated. I just am not sure how to go about it fully. I've read various brochures about it, but I'm still unsure if there is another way to handle my emancipation than getting married, joining the army, or getting the papers signed by both parents. I'm working on having a stable job right now, and its seems to be pretty successful. So, my way to support myself is pretty clear. Going to school, i took my classes ahead of most people, so school shouldn't be an issue, since I'll probably only be needing to take 3 classes really. The issue is I know my mother will never sign it. My mother is insane. I don't live with her because of this and so I live with my grandparents, but she controls all decisions over the phone. I love my dad, but he can't support me right now, and I can't wait till he can. My grandmother is an alcoholic so I don't want her to have custody over me either. I cannot just move out either, so living separately isn't an option at the moment. I can afford it, but its something my mother would never let me do. My mother does not even know I have a job, she believes that I shouldn't have any independence although I never see her really anyways. I need help on how to file this, and I cannot live like this any longer. I'm 16, grown up with having to make all my decisions on my own, and am fairly mature for my age because of this. I've gone through so much, and I need to get out, and get this moving asap. Thankyou for any help you provide.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: How Should I Handle Taking Out My Emacipation?

    If your parents won't consent to you moving out on your own, you cannot be emancipated.

  3. #3
    Join Date
    Jul 2008
    Posts
    2

    Default Re: How Should I Handle Taking Out My Emacipation?

    There has to be other options. Like, what parent would want their child to move out and be unable to have control? That would make most emancipation not possible. There is a form to waiver it from your parents to sign it, and they just get notified of the trial. But first of all, I'm asking for help in which I wanted to know how to take on my emancipation, by using this waiver, and also, I'm pretty sure residency at the moment shouldn't be the biggest issue. I have all the forms and things from the California court website, so, I would really like to get a little more insight other than given a website that is the first thing that comes up when you Google for California emancipation. I would like to know what type of emancipation would best suite my case. There are so many minors out there, all with different reasons in which they want to be emancipated, so, I think there should be more options to how I should carry out filing for emancipation.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: How Should I Handle Taking Out My Emacipation?

    Like, what parent would want their child to move out and be unable to have control? That would make most emancipation not possible.
    Very good. Yes, most emancipations are, in fact, not possible. Fewer than one percent of all petitions nationwide are granted.

    Emancipation is reserved for minors who, through no fault of their own, find themselves in extraordinary circumstances requiring them to take care of themselves 100% and need to be able to legally enter into contracts.

    Your situation is not one of those extraordinary circumstances.


    I would really like to get a little more insight other than given a website that is the first thing that comes up when you Google for California emancipation.
    Do you know why that comes up when you Google on California emancipation?

    Because it's the LAW.

    I didn't write it, kiddo, I just pointed you to it. If you don't like the answer, you'll have to take it up with the courts, who say that you cannot be emancipated if your parents won't let you move out on your own.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How Should I Handle Taking Out My Emancipation?

    Quote Quoting B_insomniac
    View Post
    I'm working on having a stable job right now, and its seems to be pretty successful.
    When you're fully able to support yourself, you can begin to talk about emancipation.

    California does provide for emancipation without notice to the parents under special circumstances, such as when notice may endanger the minor, but the judge give permission for you to proceed without notice. (That's explained on the California Courts site that you don't want us to remind you about.) "I don't want to tell my parents because they'll oppose the petition" isn't going to cut it with a judge.

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