Family can be complicated. Although families generally exist to support and nurture one another, many individuals can experience a vastly different family dynamic. This experience can stem from physical, emotional, or mental abuse, as well as any other form of domestic violence, neglect, or hatred. Whatever the cause may be, minors (individuals under the age of 18) sometimes need to escape from their family situation, and the law provides a number of avenues to ensure that minors obtain the care they need in a safe environment. Below, this article will discuss one of these major avenues: the emancipation of a minor.
What is “Emancipation”?
“Emancipation” refers to one of the legal methods that allows minors to be declared adults before they reach the age of majority, which is 18 in the State of California. The goal of emancipation is to “emancipate” the minor such that they are no longer beholden to their parents; parents do not have custody or control over an emancipated child. Therefore, emancipation empowers the minor to make important decisions in their life, on such topics as healthcare, employment, education, residence, and more.
Methods of Emancipation of Minors
Under California law, there are three general methods of emancipating a minor: getting married, joining the armed forces, or getting a declaration of emancipation from a judge.
Emancipation Through Marriage
First, minors are emancipated if they get married. In California, marriage automatically results in emancipation for a minor. However, a minor can only get married if they obtain the consent of their parents and a court. As a result, emancipation due to marriage is more often a knock-on effect of something that the minor and their parents all wanted, rather than any sort of battle for the minor’s rights and/or safety.
Emancipation Through Joining the Armed Forces
Second, minors are emancipated if they join the armed forces. This method of emancipation is very similar to marriage, for it requires the consent of the minor’s parents as well as their acceptance into the armed forces of their choice.
Emancipation of Minors Through Declaration
Finally, minors are emancipated if a judge issues a declaration of emancipation. In the State of California, a declaration of emancipation requires the minor to prove the following:
- They are at least 14 years old;
- They do not wish to live with their parents;
- Their parents do not mind if they move out;
- They can handle their own money;
- They have a legal way to make money;
- They are in school or have their GED; and
- Emancipation would be good for them.
A minor must establish all of these criteria in order to obtain a declaration of emancipation. These requirements are restrictive in order to serve the best interests of the child. For example, minors must prove they have a legal way to make money in order to reduce the odds that, say, they become homeless or rely on prostitution.
Although these measures seek to prevent the exploitation of minors, some critics argue that the requirements are too restrictive and could result in forcing minors to choose between (1) remaining in a hostile environment or (2) running away and losing any possible safety net. However, there are many alternatives to emancipation that may assist minors in escaping their environments without necessarily getting emancipated. See below for further details.
Related: Statutory Rape & The Age of Consent in California
Step By Step Guide on How to Get a Declaration of Emancipation
The state of California has an in-depth guide on how to get a declaration of emancipation. This guide directs to all of the proper forms and provides step-by-step instructions to assist with the process. Notably, your local family law facilitator can review your paperwork and be an immense help, and your local self-help center can also assist with further guidance. These resources are available to every individual in their region free of charge, and obtaining proper guidance in this way can make or break a petition for declaration of emancipation.
Alternatives to Emancipation
Emancipation is a strict concept under California law, and it may be difficult for a minor to seek emancipation even where they feel they cannot or should not continue to live with their parents for any reason. Fortunately, emancipation is not the only avenue for minors to escape their environments. Minors should consider the following alternatives to emancipation:
- Family counseling or mediation between the minor and their parents;
- Living with another responsible adult (such as an aunt, grandparent, or family friend) on an informal basis;
- Establishing a formal guardianship with another responsible adult;
- Seeking assistance from public or private agencies, such as CPS, as appropriate; or
- Reaching an informal agreement with their parents that allows them to live outside their home.
F.A.Qs:
Q: Do I need my parents’ permission to get emancipated?
A: Generally, a minor needs their parents’ consent to get emancipated. Parents’ permission is built into the legal system for emancipation not only because it is expressly required for marriage or joining the armed forces (the first two methods of emancipation), but also because, even if the minor petitions the court for emancipation, the parents must receive a notice and have an opportunity to contest emancipation. Therefore, it can be extraordinarily difficult for a minor to become emancipated without their parents’ permission. Notably, there are many alternatives available to minors who are unable to obtain emancipation, such as those described above.
Q: How do my rights and responsibilities change after I get emancipated?
A: Upon emancipation, a minor enjoys many new rights, but they also have many new responsibilities. An emancipated minor can make important decisions about their own healthcare, living arrangements, education, employment, finances, contracts, and more. An emancipated minor must support themselves financially, get their own insurance, bear all legal and financial responsibility for their actions, and more.
Q: What rights and responsibilities do NOT change after I get emancipated?
A: Despite the immense changes that emancipation can bring to a minor’s life, some important rights will not change upon emancipation. For example, an emancipated minor (1) must go to school until they graduate or turn 18; (2) cannot have sex (see statutory rape); (3) cannot get married without their parents’ consent; and (4) cannot drink until they turn 21. For a more detailed list of activities that a minor cannot do even after emancipation, click here. Note that even this list is, of course, non-exhaustive.
Q: Is emancipation permanent?
A: Generally, emancipation is permanent. However, if the minor (1) made any material misstatements in their petition for emancipation or (2) becomes unable to support themself, then a court may vacate a declaration of emancipation.
Contact Pride Legal
If you or a loved one require assistance with emancipation, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.