Joined: 12 Jul 2004 Posts: 444 Location: New York City
Getting Emancipated. Posted: 09-07-04 12:25pm
Now, has n e here ever done it, and what
is the process?
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PregnaJordan
Extremely EHEALTHy
Joined: 18 Oct 2003 Posts: 2908
Posted: 09-07-04 12:27pm
I duhon all I know is u go to court to
basically "divorce" your parents
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linuxChique
Extremely EHEALTHy
Joined: 05 May 2004 Posts: 4535
Posted: 09-07-04 12:28pm
I've never done it, but i'd start by
calling the courthouse, the department of
family and child services, or a lawyer.
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PregnaJordan
Extremely EHEALTHy
Joined: 18 Oct 2003 Posts: 2908
Posted: 09-07-04 12:33pm
The code states:
a person under the age of 18 years is an
emancipated minor if any of the following
conditions is satisfied:
(a) the person has entered into a valid
marriage, whether or not the marriage has
been dissolved.
(b) the person is on active duty with the
armed forces of the united states.
(c) the person has received a declaration
of emancipation pursuant to section 7122
of the california family code.
to receive
this declaration under section 7122, a
minor must meet all the following
conditions as outlined in section 7120:
*the minor is at least 14 years of age.
*the minor willingly lives separate and
apart from the minor's parents or
guardian with the consent or
acquiescence of the minor's parents or
guardian.
The minor demonstrates to the court that
he/she is managing his or her own
financial affairs.
The source of the minor's income is not
derived from any activity declared to be a
crime by the laws of this state or the
laws of the united states.
a minor who becomes emancipated has the
following privileges (among others):
consent to medical, dental, or psychiatric
care, without parental consent, knowledge,
or liability.
Enter into a binding contract (i.E. Buy
a car, get a loan) or give a delegation of
power (sign a power of attorney).
Buy, sell, lease, encumber, exchange, or
transfer an interest in real or personal
property, including, but not limited to,
shares of stock in a domestic or foreign
corporation or a membership in a nonprofit
corporation.
Sue or be sued in his or her own name.
Compromise, settle, arbitrate, or
otherwise adjust a claim, action, or
proceeding by or against him or her.
Make or revoke a will.
Establish the minor's own residence.
Apply for a work permit pursuant to
section 49110 of the education code
without the request of the minor's
parents.
Enroll in a school or college.
Joined: 12 Jul 2004 Posts: 444 Location: New York City
Posted: 09-07-04 12:44pm
Thanks for the info.
~*jolieska*~
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newlife
Active User, Really EHEALTHy
Joined: 13 Jun 2004 Posts: 874
Posted: 09-07-04 15:25pm
Ohh just to add, basically in all states
to get emancipated by the court, you have
to live in a place of your own, and be
able to support yourself. But most
realize that it is illegal for a minor to
live away from their parents without
permission. So most judges, will hear
your case if you can support wourself, and
if you live with your parents most of the
time they will require that you pay rent,
so that you are a tenet.
