Legal Question in Family Law in California

parental consent to juvenile emancipation

Can a parent request emancipation for an unruly, disobedient 15 year old female in the State of California?


Asked on 7/11/00, 12:54 am

1 Answer from Attorneys

Jed Somit Jed Somit, Attorney at Law

Re: parental consent to juvenile emancipation

The minor is supposed to petition the court (through a guardian

ad litem). 15 years old is okay. The grounds are not "disobedience",

but that the minor willingly lives separate and apart fromthe minor's parents or guardian, with

their consent, and is managing her own financial affairs, and is earning

income in a legal manner. The court must find that

emancipation is not contrary to the minor's interests. See California

Family Code Sections 7000 and following.

Welfare & Institutions Code Section 601 deals with a minor "who persistenly or habitually refuses to obey the reasonable

and proper orders or directions of his or her parents ... or who is beyond the control of that

person." This is quasi-criminal proceeding, and not generally recommended. It does not terminate

parental responsibilities, but may result in the child's becoming a ward of the court and possible

commitment to a home.

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Answered on 9/08/00, 8:07 pm


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