Legal Question in Family Law in California

Re: Emancipation

You are apparently referring to family code section7120. The court may grant the petition for emancipation of a minor even if the parents or guardian object. The court must find that it is in the best interests of the child to be emancipated. The court would look at the reasons given in the petition for the request.

There are many possible cirumstances in which the court could find that it is in the best interests of the child to be emancipated. The only circumstances which come to mind at the moment are 1. the home is an abusive atmosphere, 2. the child has lived away from the parents for a lengthy period of time.

The minor must be able to support himself or herself. You will note in subparagraph 3 the minor must be able to show adequate income to provide the necessities for themself.

You should really contact a counselor and discuss your reasons for wanting to live away from your parents. Moving out is a big step that should not be taken lightly. After you have throughly discussed this move with a counselor, if you still want to proceed contact an attorney and discuss all of the facts of your circumstances with the attorney.

Lyle Johnson

Lyle W. Johnson Attorney at Law

152 N. Third Street, Suite 510