Baldwin Park, CA asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for California

Q: Is it true that I can move out at 16 without consent and not get forcefully brought back home ? In California

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Not unless you file a petition to become emancipated. If your parents do not consent to your emancipation after you turn 14, then you must file a petition with the court in the county where you live (in your case that would be Los Angeles County Superior Court). You can learn all about this by doing a simple Google search using the search terms "emancipation" and "minor." My best advice is to seek the advice of an attorney who has experience in the practice of family law. If you try to do this on your own, you risk losing your petition because of lack of preparation or lack of knowledge of the law. As a minor, however, it may be difficult to accomplish even that, meaning retaining the services of a lawyer who could help you. But you can try, by searching for family law lawyers. There are literally hundreds of them, if not thousands, in Los Angeles county alone. Many teenagers across the country have successfully gotten themselves emancipated from their parents. But it is a huge step to take, and it is not something which every teenager should consider doing. You have to prove to a judge that you can earn an income and support yourself legally, that you can manage your own affairs financially, and that you have the maturity necessary to live on your own.

More specifically, you will have to prove to a judge that

You are 14 years old, or older.

You are willing to live apart from your parents with their consent.

You are managing your own financial affairs.

Your income must be from a legal source.

Emancipation must be in your best interests.

And, you should be in school. (The emancipation law does not require that you be in school, but compulsory education laws do. The judge usually wants to see that you are either in school, have already graduated, or have earned a GED).

If you can show a judge these, then you might have success with your petition for emancipation. Show your maturity by obtaining the help of a lawyer to represent you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: NO, you cannot move out at 16, unless you have been emancipated. You would not ask this question if you went through the process to be legally emancipated, you require a petition and a Court Order to be emancipated. Whoever told you this is spreading false information. I agree with everything said by Mr. Fazzi, he is pretty sharp about these things too.

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