Emancipation of Minors – California
The decision to become an emancipated minor is an important one and should be considered very carefully. The laws regarding the emancipation of minors vary widely from state to state. Anyone interested in the process should first make sure that they are looking at the law from their home state.
There are three different ways to become emancipated in the state of California. First, anyone who becomes married with the consent of their parents or guardian and permission from a family court can become emancipated. Second, a person can enlist in the United States military and serve in active duty. The third way is to obtain a declaration of emancipation from a judge through a court order.
The first two methods above are relatively self explanatory. In order for a minor to obtain a declaration of emancipation in the state of California there are five general requirements. First, under California state law, a person must be at least 14 years old. Second, the teenager must already be living apart from his or her parents or guardian with their consent. Third, the minor must earn enough money to pay all of his or her living expenses responsibly, and must make all the decisions about how that money is spent. Furthermore, and not surprisingly, the minor’s income must be legal. Earning a living through crime is not going to persuade the court to grant a declaration of emancipation.
The last requirement is that emancipation must be in the minor’s best interests. Anyone can come to court and argue that emancipation would be detrimental and the judge can deny the court order even if all of the other requirements are met.
For more information, please refer to this Emancipation Guide for the state of California.
General information on becoming an emancipated minor.