Legal Question in Family Law in California
I want to get amanstipation from my mother that has legal custody of me be cause she will not sign custody to my dad because of the money, I am 17yrs old, but I am living with my dad.
2 Answers from Attorneys
Emancipation is not the proper way to modify child custody and support orders, which you are trying to do. In order to be declared emancipated a judge will have to determine that you are self-supporting and willing to live apart from your parents with their consent, among other things. Even if you were able to convince the judge that you are self-supporting, you will not be living apart from you parents and your mother is not going to consent to it.
If you are in fact living with your father, he should file for a modification of the custody and support order to reflect the reality of your living situation. Your mother doesn't have to sign off on that. The court just orders it.