Rizio and Nelson California Law Blog

Our teenage years can be the most difficult and emotional times of our lives. At some point, most of us wish that we didn’t have to live with our parents, or we feel like we hate them. We feel reckless and rebellious, and we just want to move out and be on our own so that we don’t have to follow their rules any more. This is all completely normal, but most of the time, these are not valid reasons for becoming emancipated.

Emancipation means that a minor child between the ages of 14 and 17 becomes a legal adult, and is therefore responsible for himself or herself. The child must go through a process of filing papers with the court that prove to a judge that they can take care of themselves, that they don’t live with their parents, and that their parents don’t object. They have to be able to prove that they have a legal way to make money and they can handle that money well enough to support themselves. They also need to prove that they have a place to live. However, they still have to enroll in school and are required to find their own medical care. The other ways to become emancipated are to get married or to join the armed forces, both of which require the parents’ permission. (It should be noted that an emancipated minor still needs the permission of parents or guardians to marry.)

There can be many reasons that a child would want to become emancipated, including absence of the parents, abuse, and/or neglect. Part of the process of becoming emancipated includes explaining to the judge exactly why the child wishes to be on their own, and convincing the judge that it would be in their best interest to do so. There are petitions to be filled out and filed with the court that only the child can do – no adult can do it for them.

There are many public and private agencies that can help. Emancipation is a process that should not be taken lightly. There are other options open to children and teens, such as family counseling, legal guardianship, or even foster care. These should all be considered very carefully before choosing emancipation.

Every family situation is different. The lawyers at Rizio and Nelson can help you decide if emancipation is right for your situation. Contact them 24 hours a day 7 days a week to schedule your free consultation.