Legal Question in Juvenile Dependency in California

I'm an author, doing research for a book I'm writing and I'm curious. Can a sixteen year old in California leave home at least temporarily, without parental consent, by declaring that their parents are emotionally disturbing them, causing suicidal thoughts, then move in with a friend and their family? Just for clarification, this isn't a real situation I'm aware of, just a fictional situation, and I want to make sure I have the legal details correct. Basically, I don't want my character to be emancipated, because that would mean rewriting over half my almost completed book,in order to make them have sufficient financial resources, so I want to know what legal options they would have, in order to leave home.


Asked on 3/03/11, 12:45 pm

1 Answer from Attorneys
Scott Brear Law Practice of Scott Irvin Brear

NO. The only way to do this would be via court order that would grant someone other than parents guardianship over the child. To do this would require someone petitioning the court based upon the facts shown. Normally this would be sufficient to grant a guardianship. Process could take several months after temporary guardian was appointed. You are right to assume that emancipation would solve the problem. That would also require a court order, but it might ruin your story ;)

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Answered on 8/08/11, 5:33 pm


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