Emancipation

We’ve all heard about stories of former child actors filing for emancipation from their parents because they’ve realized that their parents have lived off them far too long. Really sad to hear that some parents can be like that to their kids.

Being a teenager is hard for some. These are the years when an individual is in that stage of no longer a child but yet an adult. The urge to run wild and free, and make their own decisions usually cause conflicts with rules of parent(s). Then there are those individuals who are also victims of abuse, neglect, domestic violence and greed. These may just be some of the reasons why minors file for emancipation.

California Rules on Emancipation

Emancipation is a legal procedure that allows minors to be considered as adults before the ripe old age of 18. Parents lose custody and control of their kids in this situation.

Being emancipated allows a minor to do some things without the need to get a parent’s consent. This may include:

  • Choose where to live.
  • Enroll in any school or college of choice.
  • Obtain a permit to get work

The downside is that when a minor is already emancipated. They could no longer ask support from their parents – no allowance, no money for food or clothing – in short, you are on your own buddy.

In addition, being emancipated still requires a minor to:

  • Attend school.
  • Once an emancipated minor breaks the law, it’s off to juvenile court.
  • A minor is not allowed to get married without the consent of their parents.

The laws on emancipation apply to all parties involved in the proceeding (parents, guardians and the minor who filed the petition).

How can a minor get emancipated?

  • Marriage, but, the parent(s) must give their consent and this must be approved by the court.
  • Join Uncle Sam and the troops, enlist in the armed forces. Again, it has to come with the seal of approval from the parents and if you are lucky enough to be accepted in the armed forces.
  • Ask a judge to grant you a declaration of emancipation. The judge will only grant you this if you are able to meet ALL requirements:

–       Minimum age: 14

–       Your parents don’t care if you decide not to live with them anymore.

–       You are responsible with your finances.

–       You have a job that can sustain you and is legal.

–       You’ll benefit more if you are emancipated from your parent(s).

Reading these stipulations to get emancipated would give you an idea why it is always the former child actors who are successful in obtaining the declaration of emancipation from judges.

How long does the emancipation last?

Getting emancipated is usually forever but when a minor turns 18 (which makes them legal), the emancipation may no longer be valid since adults are allowed to decide and act as they want as long as it is within the boundaries of the law. The emancipation usually gets cancelled when:

1)    The petitioner lied in court.

2)    The petitioner is no longer able to support himself.

Of course, minors or petitioners who want to go through the emancipation process must always get a good lawyer by their side to guide them through the way.

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