Santa Rosa, CA asked in Criminal Law, Family Law, Personal Injury and Sexual Harassment for California

Q: If there is a abusive parent can I move out in California at 16

Im 16 cant get a job because parents wont allow me too

There was a investigacion made by the police and it conculuded withe the abusive parent coming back to the house and now I am forced to interact with him as if nothing ever happened

2 Lawyer Answers

A: According to the California Courts,

Emancipation is a legal way for a 14 to 17-year-old to become free from their parent's custody and control. In many ways, they are legally like an adult.

There are three ways to get emancipated:

Get legally married. In California, anyone under 18 must have a parent's permission and get permission from the court to get married.

Join the military. If you are under 18, you must have permission from your parent and the military.

Get a court order saying you are emancipated. You can get emancipated if you file an application (a petition) and a judge signs a court order called a Declaration of Emancipation. For a judge to sign, you need to prove:

You're at least 14 years old.

You aren't living with your parents. Your parents don't mind that you moved out.

You can handle your own money and pay your bills.

You have a legal way to make money.

Emancipation would be good for you.

https://selfhelp.courts.ca.gov/emancipation#:~:text=You're%20at%20least%2014,money%20and%20pay%20your%20bills.

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Answered

A: In California, the law generally requires you to be 18 years old to move out without parental consent. However, there are exceptions, especially in situations involving abuse. If you are facing abuse, you have the right to seek help. You can contact child protective services or another trusted authority, like a school counselor or a local family law attorney, for guidance and assistance.

At 16, you may also consider emancipation, a legal process that grants minors some adult rights, including the ability to live independently. This process requires you to prove that you can financially support yourself and live independently. Given your current inability to work, this might be challenging, but not impossible.

It's important to understand that your safety and well-being are the top priorities. There are resources available to help young people in abusive situations. Reach out to local support groups, legal aid organizations, or youth shelters for guidance and assistance. They can provide specific advice and resources based on your situation.

Remember, you are not alone, and there are people and organizations willing to help you navigate through this difficult time.

1 user found this answer helpful

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