Legal Question in Family Law in California

''Rights'' of minors to live with someone other than legal parents

My parents adopted my daughter. She is now 16, and would really like to come live with me. There is no ''abuse'' as typically defined, however, she has been doing ''homestudy'' for quite a number of years, and it appears that she has not, and is not, able to get an adequate amount of work done. I have maintained a relationship with her for the entire 16 years by spending almost every weekend at my parents' home. We had thought of trying emancipation, but it appears that the State of California requires parental consent, which my parents absolutely will not give. Are there any other options to enable a minor to choose to live somewhere else, in spite of strong opposition from her legal parents?


Asked on 11/25/03, 4:34 pm

1 Answer from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: ''Rights'' of minors to live with someone other than legal parents

A Declaration of emanicipation of a minor does not require parental consent as you state. It does require (among other things) that the minor willingly lives separate and apart from the minor's parents or guardian with the consent or acquiesence of the minor's parents or guardian. California Family Code Section 7120 is the reference point.

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 family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 11/25/03, 4:44 pm


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