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Pregnancy Forum > Teen Pregnancy Forum > Getting Emancipated.
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Q: Getting Emancipated.
asked by: TQuartz490 on September 7th, 2004
Experienced User
Now, has n e here ever done it, and what is the process?
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PregnaJordan
replied on September 7th, 2004
Extremely eHealthy
I duhon all I know is u go to court to basically "divorce" your parents
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linuxChique
replied on September 7th, 2004
Extremely eHealthy
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
replied on September 7th, 2004
Extremely eHealthy
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.


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TQuartz490
replied on September 7th, 2004
Experienced User
Thanks for the info.

~*jolieska*~
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newlife
replied on September 7th, 2004
Active User, very eHealthy
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.
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