Child Custody and Emancipation of Minor

Child Custody and the Petitions for Declaration of Emancipation of Minor

At the Orange County Law Office of David P Schwarz we are experienced child custody and emancipation of minors attorneys. Please call our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

A child custody lawyer will represent a minor and assist the minor petition the superior court of the county in which the minor resides or is temporarily domiciled for a declaration of emancipation. A Lawyer will fill the necessary paperwork out so the minor does not miss an crucial information not finding its way to the Judge. An Attorney will be vital in filing the necessary documents that are very important to granting an emancipation petition.

A child custody attorney will draft a petition for emancipation of a minor and the petition shall set forth with specificity all of the following facts, The minor is at least 14 years of age. 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. Consent is another very important factor in determining whether the petition for emancipation is granted.

The minor must be 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. Financial independence is another important factor to achieve emancipation.

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.

At the Orange County Law Office of David P Schwarz we will make sure that the court shall sustain the petition for emancipation 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.

A Child Custody Lawyer will make If the petition is sustained, the court shall forthwith issue a declaration of emancipation, which shall be filed by the clerk of the court.

A declaration is conclusive evidence that the minor is emancipated will be issued by the superior Court Clerk once the proceedings have been done.

Upon certain circumstances after a Grant or denial of petition for emacipation of a minor a writ can be done to seek further relief from the Court.

If the petition is denied, the minor has a right to file a petition for a writ of mandate.

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.

At the Orange County Law Office of David P Schwarz we have litigated many emancipation of minor cases in child custody court. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.