Until a child is 18 years of age, that child is under the control and responsibility of their parents. This means that the parents must provide the child with food, water, shelter, and other essentials. In some cases, however, a parent or child may want to sever those ties before the child reaches the age of 18. If you or someone close to you is considering emancipation, it is important to consult a San Diego emancipation lawyer. Roseline D. Feral understands the process and its impact on child support and other family law issues.The Emancipation Process in California
Emancipation is a legal procedure in which a minor child is freed from the control of their parents, and the parents are no longer responsible for the child’s wellbeing. In other words, a parent loses custody and control when a child is emancipated, and, in the eyes of the law, that individual is considered an adult before the age of 18.
There are a variety of reasons why a child may want to be emancipated. Children may want to leave an abusive or dangerous household, they may simply not get along with their parents, or they may already be earning their own living and feel that they are better off controlling their own money. Additionally, the issue of emancipation often comes up when minors are in foster care. According to the Child Welfare Information Gateway, approximately 4 percent of children in foster care in 2015 had a goal of emancipation.
In California, there are three ways for a minor to be emancipated. An emancipation attorney can help San Diego residents understand how to pursue each of them. You can get married with parental consent and permission from the court, you can join the military (applying is not enough; you must be accepted by the armed forces), or you can go to court and have the judge declare that you are emancipated. It is important to note that to be emancipated by a judge, a minor must give their parents notice of the court hearing, and the parents may go to court to contest the emancipation. The judge will only grant you emancipation if all of the following requirements are met:
- You are at least 14 years old;
- You are living apart from your parents with their consent;
- You are managing your finances and have a legal source of income;
- The emancipation is in your best interest; and
- You are in school or have a GED.
If you are a dependent or ward of the Juvenile Court, you must file your petition in the Juvenile Court.
Being emancipated allows a minor to do certain things without the consent of their parents. They can decide where to live, enroll in any school, college, or university of their choice, make medical decisions on their own behalf, and obtain a permit to work. On the other hand, being emancipated means that a minor is not entitled to expect support from their parents – monetary or otherwise.
Emancipation is typically permanent, and when a minor turns 18, they are legally independent automatically. However, the Court can set aside a Declaration of Emancipation if the petitioner lied in court or if the minor is no longer able to support him or herself.Discuss Your Situation with an Emancipation Lawyer in San Diego
If you or a loved one is considering emancipation, you need to reach out to an attorney who can help you understand your rights. We can address your questions and help you make informed decisions at every step of the way. Child custody lawyer Roseline D. Feral represents people in cities such as San Diego, Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista. To discuss your case with a San Diego emancipation attorney, you can contact us online or call us at 619-232-1010. You can also reach Attorney Feral directly at 619-301-1191.