Legal Question in Family Law in California
15yr old, emotional abuse from mother, wants emancipation
I am a 15 year old female about to turn 16. I have been thinking about
emancipation for almost 3 years so it is Not and impulse desicion. My mother
is emotionaly abusive and does not have an income. I am in the process of
getting employment. I want to be emancipated, but don't know what steps to
take and what my odds are. There has been little physical abuse but extreme
emotional trauma. Please help.
1 Answer from Attorneys
Reply: 15yr old, emotional abuse from mother, wants emancipation
Family Code Section 7120 as amended last month states as follows:
<< CA FAM � 7120 >>
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.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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