I am 16 and I want to leave my parents and become emancipated. They are both alcoholics and I have to care for myself. Please help me understand how to get away.
Full Question:
Answer:
In order for you to become emancipated at age 16 in California you must meet the requirements of the Family Code of California dealing with Emancipation.
You are automatically considered emancipated if you are married or on active duty in the arms forces under Section 7002 of the Family Code.
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.
In order to make the emancipation process as simple as possible the legislature has enacted a law requiring the California Judicial Council to develop forms and distribute them to the Clerks of Court so that a minor can act as his or her own counsel in seeking an emancipation. This is governed by Section 710 which provides:
7110. It is the intent of the Legislature that proceedings under this part be as simple and inexpensive as possible. To that end, the Judicial Council is requested to prepare and distribute to the clerks
of the superior courts appropriate forms for the proceedings that are suitable for use by minors acting as their own counsel.
How do you begin? You file a Petition for Emancipation in the Superior Court of the County in which you reside or temporarily reside. The Petition developed by the Judicial Counsel contains the required information.
However, the statements that are required in the Petition may be a problem unless you can meet the requirements. First, you must be 14 years of age or older. Second, you must state that you willingly live separate and apart from your Parents or Guardian with their consent and that you are managing your own financial affairs. Section 7120 provides in this regard:
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.
Before the Petition can be heard notice of the Petition must be given to your parents or guardian, or other person entitled to custody. Section 7121 provides:
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) ...........
(c)............
The Court shall grant the Petition and declare you emancipated unless the Court finds emancipation would be contrary to your best interest. Section 7122 provides:
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.
If the Petition is denied you can ask for a Writ of Mandate of the Court to change it's ruling. Section 7123 provides:
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.
If the petition is granted you can get an identification card showing you are emancipated.
7140. On application of a minor declared emancipated under this chapter, the Department of Motor Vehicles shall enter identifying information in its law enforcement computer network, and the fact of emancipation shall be stated on the department's identification card issued to the emancipated minor.
If you become emancipated you need to know what that means and how it changes a lot of matters relating to you.
Once emancipated you lose the right to support from your parents. Your parents lose any rights they may have had to your earnings. Your parents are not liable for any torts you commit like person injury to others. You can enter into any contact an adult could concerning personal property or grant a power of attorney. You can buy, sell, lease, encumber, exchange, or transfer an interest in real or personal property. You can sue or be sued in your own name instead of though a parent or what is called a next friend. You can compromise, settle, arbitrate, or otherwise adjust a claim, action, or proceeding by or against you. You can now make a Will. You can establish your own residence and enroll in school. Other rights also come into play as outlined in Section 7050 of the Family Code of California which provides:
7050. An emancipated minor shall be considered as being an adult
for the following purposes:
(a) The minor's right to support by the minor's parents.
(b) The right of the minor's parents to the minor's earnings and
to control the minor.
(c) The application of Sections 300 and 601 of the Welfare and
Institutions Code.
(d) Ending all vicarious or imputed liability of the minor's
parents or guardian for the minor's torts. Nothing in this section
affects any liability of a parent, guardian, spouse, or employer
imposed by the Vehicle Code, or any vicarious liability that arises
from an agency relationship.
(e) The minor's capacity to do any of the following:
(1) Consent to medical, dental, or psychiatric care, without
parental consent, knowledge, or liability.
(2) Enter into a binding contract or give a delegation of power.
(3) Buy, sell, lease, encumber, exchange, or transfer an interest
in real or personal property, including, but not limited to, shares
of stock in a domestic or foreign corporation or a membership in a
nonprofit corporation.
(4) Sue or be sued in the minor's own name.
(5) Compromise, settle, arbitrate, or otherwise adjust a claim,
action, or proceeding by or against the minor.
(6) Make or revoke a will.
(7) Make a gift, outright or in trust.
(8) Convey or release contingent or expectant interests in
property, including marital property rights and any right of
survivorship incident to joint tenancy, and consent to a transfer,
encumbrance, or gift of marital property.
(9) Exercise or release the minor's powers as donee of a power of
appointment unless the creating instrument otherwise provides.
(10) Create for the minor's own benefit or for the benefit of
others a revocable or irrevocable trust.
(11) Revoke a revocable trust.
(12) Elect to take under or against a will.
(13) Renounce or disclaim any interest acquired by testate or
intestate succession or by inter vivos transfer, including exercise
of the right to surrender the right to revoke a revocable trust.
(14) Make an election referred to in Section 13502 of, or an
election and agreement referred to in Section 13503 of, the Probate
Code.
(15) Establish the minor's own residence.
(16) Apply for a work permit pursuant to Section 49110 of the
Education Code without the request of the minor's parents.
(17) Enroll in a school or college.
7051. An insurance contract entered into by an emancipated minor
has the same effect as if it were entered into by an adult and, with
respect to that contract, the minor has the same rights, duties, and
liabilities as an adult.
7052. With respect to shares of stock in a domestic or foreign
corporation held by an emancipated minor, a membership in a nonprofit
corporation held by an emancipated minor, or other property held by
an emancipated minor, the minor may do all of the following:
(a) Vote in person, and give proxies to exercise any voting
rights, with respect to the shares, membership, or property.
(b) Waive notice of any meeting or give consent to the holding of
any meeting.
(c) Authorize, ratify, approve, or confirm any action that could
be taken by shareholders, members, or property owners.