Napa, CA asked in Family Law for California

Q: So I wanna either get emancipation from my mom and let another family memeber take care of me how do I make it happen

Also that would mean the family memeber would be my new guardian but what if my mom doesnt agree but you really want seperation also im a minor

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1 Lawyer Answer
Shawna Murray
Shawna Murray
  • Irvine, CA
  • Licensed in California

A: First, I strongly encourage you to contact an attorney in your area to discuss representing you and to help you decide which route to take - emancipation or guardianship.

Second, if you want to get away from your parents because they are abusive, you can call 2-1-1 in California to get connected with the proper county services in your area. You could also contact your doctor or therapist because they are required to report abuse. School administrators and teachers are also useful (but that only works when you are in school).

In order to become an emancipated minor in California, you will need to file a petition in court once you meet the following requirements: (1) be at least 14 years old; (2) have proof of income that shows you can support yourself; (3) live separate and apart from your parents with their consent; and (4) show the court that it is your best interests to live separate and apart from your parents.

If you cannot meet those requirements, then an adult, preferably a close relative, can file a petition for guardianship. The petition will have to provide reasons why it is in your bests interests for this relative to be your guardian. Also, the court will conduct a background check on this proposed guardian. If your mother and father will agree to the guardianship, they can sign a consent form. If they will not consent, then your proposed guardian will have to be ready to present their case for the guardianship while your parents will present their case for not granting the guardianship. This can quickly become a very unpleasant situation and it will take a long time before you can get in front of a judge, given the pandemic. When will you turn 18? Is it in the next year? Assuming there is no abuse, you might want to save your money in order to move out when you turn 18.

Hiring a family law or probate attorney to represent you or your proposed guardian is strongly advised.

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