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family counseling or mediation services between you
and your parents
living with another responsible adult (aunt, uncle,
grandparent, or family friend)
seeking assistance from public and private agencies
an informal agreement with your parents allowing you
to live outside your home
EMANCIPATION
PAMPHLET
This pamphlet provides only basic information
about emancipation proceedings.
If you need additional information, you may
wish to consult an attorney.
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Form Approved for Optional Use
Judicial Council of California
EM-100 -INFO (Rev. September 1, 2018)
EM-100-INFO
WHAT DO I DO IF THE JUDGE GRANTS MY
PETITION FOR EMANCIPATION?
If the judge grants your petition for emancipation after a
hearing is held or without a hearing, you must take your
papers back to the clerk's office and file them. The clerk will
file the original declaration of emancipation, and give you
copies to keep as proof of emancipation. You may need to
show these copies to employers, landlords, doctors, school
officials, or others who would otherwise require parental
consent.
If you want to notify the Department of Motor Vehicles
(DMV) about your emancipation, complete an Emancipated
Minor's Application to California Department of Motor
Vehicles (EM-140) form and take it to the DMV along with
a certified copy of the declaration of emancipation.
IS EMANCIPATION PERMANENT?
Emancipation is usually permanent. However, if there are
statements on your petition that are not true, or if you
become unable to support yourself, the court may set aside
the declaration of emancipation.
DO I HAVE CHOICES OTHER THAN
EMANCIPATION?
Emancipation is only one of several alternatives available to
you if you feel you cannot live with your parents. You may
want to consider other options such as:
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WHAT IS EMANCIPATION?
Emancipation is a legal procedure that frees children from
the custody and control of their parents or guardians before
they reach the age of majority. (In California, this is age 18.)
If you become emancipated, you will be able to do certain
things without your parent's consent, such as:
consent to medical treatment
apply for a work permit
enroll in school or college
You will also give up your right to be supported by your
parents.
Even if you are emancipated:
You must still attend school.
You cannot get married without parental consent.
You probably will remain under juvenile court
jurisdiction, if you commit a crime.
IF YOU HAVE A LEGAL GUARDIAN:
All references in this pamphlet to parent or parents include
legal guardians or guardians.
HOW DO I BECOME EMANCIPATED?
There are three ways you can become emancipated:
You can get married (This requires parental consent and
permission from the court.)
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set a hearing on your petition to be conducted within
30 days thereafter.
The clerk will provide you with an endorsed filed copy of
the judge's order.
Declaration of emancipation without hearing
If the judge finds that all notice and consent requirements
have been met or waived, and that emancipation is not
contrary to your best interests, the judge may grant your
petition without a hearing.
Setting a hearing and giving notice
If the judge wants more information, a hearing will be held
within 30 days of the order prescribing notice and setting for
hearing. If the judge orders the matter set for hearing, the
clerk will notify the district attorney of the time and date of
the hearing. The judge may require that you give notice to
your parents and other people of the time and place of the
hearing. This is very important, because the judge may be
very strict about making sure that your parents were given
proper notice before granting an emancipation petition.
Notice is provided by giving or mailing a copy of the
emancipation petition to each person the judge lists for you.
An adult, 18 years or older, must personally give or mail the
copies for you as soon as possible after the hearing date is
set, and complete a Proof of Service form to be filed with
the clerk.
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You can join the armed forces. (This requires parental
consent and acceptance by the service.)
You can obtain a declaration of emancipation from a
judge.
This pamphlet tells you only about how to be declared
emancipated by a judge. If you want to be declared
emancipated by a judge, you must convince the judge that
you meet ALL of the following requirements:
You are at least 14 years old.
You willingly want to live separate and apart from your
parents with the consent or acquiescence of your parents.
(Your parents do not object to you living apart from
them.)
3.
You can manage your own finances.
4. You have a source of income that does not come from
any illegal activity.
5.
Emancipation would not be contrary to your best
interests; it is good for you.
HOW DO I GET DECLARED EMANCIPATED BY A
JUDGE?
You will need to complete certain forms and file them with
the court. You can get blank forms to fill out from the court
clerk's office. The forms you must fill out are:
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Petition for Declaration of Emancipation of Minor,
Order Prescribing Notice, Declaration of
Emancipation, and Order Denying Petition (EM-100)
Emancipation of Minor—Income and Expense
Declaration (EM-115)
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EM-100-INFO
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why you want to be emancipated, and how you are
supporting yourself. If you have children, tell how
you are supporting them. You could also include
letters from your employer and your landlord.
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If you do not know where your parents or guardians
live, you must tell the court when you last saw your
parents and what efforts you have made to find out
where your parents live.
If you know where your parents live, but they refuse
to sign the consent, you must get a hearing date from
the clerk, and give notice of the hearing to your
parents.
If you know where your parents live, but you do not
wish to notify one or both of them about this petition,
you must state ALL your reasons and request the
court to waive notification to your parents.
Filing the petition and the other forms
After you have completed the forms and all necessary
attachments, and obtained your parents' signatures (if
possible), take the forms and the attachments to the clerk's
office for filing. (When you pick up the blank forms, ask the
clerk how many copies of each form you will need to bring
with you. Be sure to keep a copy for yourself.) When you
get to the court, tell the clerk that you are filing a petition
for emancipation and show the clerk your papers. The clerk
will keep at least one copy of your petition. The clerk will
either give or direct you to give the petition to the judge.
Within 30 days from the filing of the petition, the judge will
either
grant your petition; or
deny your petition; or
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Notice of Hearing (EM-109)
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Declaration of Emancipation of Minor After Hearing
(EM-130)
Emancipation petition
You must file a Petition for Declaration of Emancipation of
Minor form (EM-100) in the county in which you live.
(Check with your local clerk's office to find out which
division of the court handles emancipations. If you are a
dependent or ward of the juvenile court, the petition must be
filed in juvenile court.) Only you may petition the court for
emancipation. You will be asked to provide a verifiable
residence address. You must also complete and attach to the
petition an Emancipation of Minor—Income and Expense
Declaration form (EM-115).
Filing fee or waiver
You may be required to pay a fee to file your emancipation
petition. Ask the clerk if a fee is required. If you cannot
afford to pay the fee, you can file an application to have the
fees waived, including an Application for Waiver of Court
Fees and Costs form and an Order on Application of Court
Fees and Costs form. Unless waived, the petitioner shall
pay the filing fee as specified. The ability or inability to pay
the filing fee is not in and of itself evidence of the financial
responsibility of the minor as required for emancipation.
Filling out the forms
Print or type ALL information requested on the forms.
Sign and date the petition.
Include a statement explaining your living situation,
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