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.


Asked on 9/01/10, 8:24 am

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.

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Answered on 9/06/10, 10:54 am

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.

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Answered on 9/06/10, 11:03 am


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