Q: I am a 16-year-old who is getting emancipated due to private stuff. I need to know every step. Also, have any tips?
I'm getting emancipated hopefully soon, I need to know everything so I can get my own place and become an adult. Extra info
-I will stay in school
-getting a job soon
-I have 4 different businesses
-I do have an on-record suicide attempt (will that affect anything?)
A:
Under California law, emancipation is a legal process that allows a minor to become legally recognized as an adult before reaching the age of majority. To begin, you must be at least 14 years old and able to show the court you can manage your own finances and have a stable living situation.
Firstly, complete and file a Petition for Declaration of Emancipation. You can find this form at your local courthouse or online. It's important to provide detailed information about your financial independence and living arrangements.
Once the petition is filed, the court will schedule a hearing. You'll need to notify your parents or legal guardians about this hearing, as their input may be considered. It's beneficial to have a supportive adult or legal counsel with you during this process.
At the hearing, you'll need to demonstrate your maturity and ability to handle adult responsibilities. This includes managing your education, employment, and businesses. Be prepared to discuss your plans for continuing school and how you'll support yourself financially.
Your previous suicide attempt might be discussed, but it won't automatically disqualify you from emancipation. The court's primary concern is your current mental and emotional stability, and your ability to make sound decisions.
If the court grants your emancipation, you will have most of the legal rights and responsibilities of an adult, including the right to enter into contracts and leases, make healthcare decisions, and live independently.
Remember, this process can be complex, and seeking guidance from a legal professional experienced in emancipation cases in California could be very helpful.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.