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Emancipaton of a Minor

by | Jan 24, 2017 | Court System, Firm News, Minors

Under Family law section 7122 The emancipation of a minor can be issued under the State of California enabling a person over the age of 14 years old in the State to the Freedom contract and live a life as an adult who had just turned 18.  The emancipation basically speeds up the legal age of emancipation under the law to the age of 14. Emancipation of a minor is basically a legal process that requires that a minor be financially independent of their parents.  This process is not an easy one as to prove financial independence a person must have a source of income separate and apart from their parents.  It cannot be an illegal means of earning financial support as well.  Often this seems to be the difficult means by which minors are kept from emancipating from their parents. In addition, the minor must have either consent from the parents to gain independence from them or living a life that in the best interests of the Judge would make the Court decide in their favor.

The Courts also look to see if the minor was living separate and apart from their parents at the time of the petition to emancipate. Living separate and apart does not mean living with a boyfriend or some friends house.  Living separate and apart means that they are financially independent and on their own without their parents financial support.  They also cannot be supported by some illicit means by someone else.  They must be independent as in on their own two feet.

Once they gain their independence with the Court they can apply to the Department of Motor Vehicles for their own licence that will declare them independent.  In addition, the emancipated minor is held out as an adult for many purposes such as medical, dental and psychiatric care without the parents becoming liable.  Furthermore, they can buy, sell, lease, encumber, exchange, or transfer an interest in real or personal property including buying and selling shares of stock. In addition, the minor loses all legal right to support by the parents.  And visa versa the parents cannot earn anything from the minor nor do they have any control of the minor.

Thus a minor that is seeking to emancipate from their parents must first establish themselves in their own lives separate and apart from your parents.  It is not an easy task at all giving the set of circumstances we all face during our daily lives making a living.  This would appear that much more difficult for a minor child at the age of 14 trying to earn a living as that of a more experience old mature adult.  That is not to say it cannot happen, it can.  With the proper set of circumstances in life a minor can emancipate with the assistance of the Court and go on to live a productive life. This only works if the child is not involved in a welfare and institutions code sections in juvenile court such as juvenile dependency actions.