Legal Question in Family Law in California
amancipation process info needed
Hi, I would like information on the amancipation process and qualifications. Or basicly what I need to do to get amancipated and what if my father (custody holder) does not agree? There are many reasons I would be better off with someone else. I have family that is on my side and would be there to vouch for me in court. I am 16 years old, currently enrolled in school and a Junior in high school. I'm in the process of getting a job locally I've already filled out applications etc. I am very mature and smart I think I would do better with a family member or possibly in my own apartment. I think that pretty much sum's it up. Thank you for your time and concern.
1 Answer from Attorneys
Reply: amancipation process info needed
Family Code Section � 7120 states as follows: Petitions for declaration of Emancipation; contents
(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 Section 1285.50 of the California Rules of Court.
(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 at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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