• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Advice on emancipation please...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

LauraJK90

Junior Member
CALIFORNIA

First of all I am not sure where to start this, or even if this is in the correct forum. If it's not please don't get mad and ban me or something, this is my first time posting. Also, this is not a pity party, I really need serious advice on this. Thank you.

I am currently living with my mom and dad in California, our house is on the market to be sold, and when it sells my parents are moving to Wyoming. Why they are leaving this beautiful area, we live in the Monterey Bay Area, I will never know. I am sixteen, and will have just turned 17 when I graduate. I have been working really hard in school and will be graduating in December of this year, after graduation I want to attend the University of Hawaii at Hilo. So far, I have maintained a 3.8 GPA, not bad for someone who struggles to even pass math courses but went on to take Pre-Cal, which is two classes above the graduation requirement for my school. I would not have stayed up doing homework every night and woken up early every day if I didn't have every intention of being able to go to whatever university I want. My parents do not want me to go to UHH, they want me to stay here and go to Hartnell college, a local community college, which is known as Hartnell High because the majority of students there do not take it seriously and attendance must be taken at every class because so few people actually go to class! That is not the way I intend to begin my future. I want to begin my college education in an enriched environment, of my choice, and with aspirations to become a Marine Science Major, UHH is where I want to go. My parents refused to fill out the FAFSA, refused to give me money to apply, and also told me that they will not support me if I don't obey them. I refuse. I don't care if I have to get student loans, write a million scholarship essays, work all through college, whatever. The only thing holding me back is my age. Like I said, I'll be 17 when I graduate and I can't exactly run away to Hawaii to go to college, or can I? I was thinking emancipation would be a good option to look into. I have dozens of questions on this topic, such as:

  1. Who qualifies for emancipation (do parents have to be really messed up, divorced, abandon me, what are grounds for emancipation, is wanting to go to college a good reason?)
  2. Will I be able to get federal student loans while I am an emancipated minor?
  3. How much money will I have to be making for the court to decide I am independent?
  4. Will I be able to live in the universities residence halls or dorms as an emancipated minor?
  5. If I get emancipated while living in California, can I move to Hawaii for college?
  6. What types of cases do the minors become successfully emancipated in?
  7. If my boyfriend's parents own a house in Hawaii, can I claim that as me permanent residence if they allow me to?
  8. When going through the process of emancipation, do I have to be living away from home... or can I move after I am emancipated to the university?

    If anyone can help me with these questions it would be amazing. Thank you again.
CALIFORNIA
 
Last edited:


AL HR

Member
CALIFORNIA CODES
FAMILY.CODE
SECTION 7120-7123




7120. (a) A minor may petition the superior court of the county in
which the minor resides or is temporarily domiciled for a declaration
of emancipation.
(b) The petition shall set forth with specificity all of the
following facts:
(1) The minor is at least 14 years of age.
(2) 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.
(3) The minor is managing his or her own financial affairs. As
evidence of this, the minor shall complete and attach a declaration
of income and expenses as provided in Judicial Council form FL-150.
(4) 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.



7121. (a) Before the petition for a declaration of emancipation is
heard, notice the court determines is reasonable shall be given to
the minor's parents, guardian, or other person entitled to the
custody of the minor, or proof shall be made to the court that their
addresses are unknown or that for other reasons the notice cannot be
given.
(b) The clerk of the court shall also notify the local child
support agency of the county in which the matter is to be heard of
the proceeding. If the minor is a ward of the court, notice shall be
given to the probation department. If the child is a dependent
child of the court, notice shall be given to the county welfare
department.
(c) The notice shall include a form whereby the minor's parents,
guardian, or other person entitled to the custody of the minor may
give their written consent to the petitioner's emancipation. The
notice shall include a warning that a court may void or rescind the
declaration of emancipation and the parents may become liable for
support and medical insurance coverage pursuant to Chapter 2
(commencing with Section 4000) of Part 2 of Division 9 and Sections
17400, 17402, 17404, and 17422.


7122. (a) The court shall sustain the petition if it finds that the
minor is a person described by Section 7120 and that emancipation
would not be contrary to the minor's best interest.
(b) If the petition is sustained, the court shall forthwith issue
a declaration of emancipation, which shall be filed by the clerk of
the court.
(c) A declaration is conclusive evidence that the minor is
emancipated.



7123. (a) If the petition is denied, the minor has a right to file
a petition for a writ of mandate.
(b) If the petition is sustained, the parents or guardian have a
right to file a petition for a writ of mandate if they have appeared
in the proceeding and opposed the granting of the petition.
 

LauraJK90

Junior Member
Thank you, but I have read dozens of sites on emancipation and have come across all of that information What I really need is my questions regarding my personal situation answered, that would help me much more.
 

Just Blue

Senior Member
Thank you, but I have read dozens of sites on emancipation and have come across all of that information What I really need is my questions regarding my personal situation answered, that would help me much more.
Your personal situation doesn't matter. If you don't meet the State Statutes you don't qualify. Period.
 

CdwJava

Senior Member
LauraJK90 said:
My parents refused to fill out the FAFSA, refused to give me money to apply, and also told me that they will not support me if I don't obey them. I refuse. I don't care if I have to get student loans, write a million scholarship essays, work all through college, whatever.
Working full time and going to a university paying out of state tuition will be quite daunting and is a recipe for failure. You will have to do quite well to obtain adequate scholarships, and you will not qualify for a student loan if you are under 18, or, if your parents claim you on their taxes and support you in any way.

And do you have any idea how hight the cost of living is in Hawaii?? It is the second or third most expensive place to live in the United States!

The only thing holding me back is my age.
Well ... that ... and money - or the lack of it.

Like I said, I'll be 17 when I graduate and I can't exactly run away to Hawaii to go to college, or can I?
Not without your parents' permission, no.

Who qualifies for emancipation (do parents have to be really messed up, divorced, abandon me, what are grounds for emancipation, is wanting to go to college a good reason?)
Your situation is not going to compel a judge to grant you emancipation. You may have to suck up a year or two at Hartnell and then transfer to UHH if that is what you want.

You have to PROVE the following things to a judge:

- You are at least 14 years old.
- You don't want to live with your parents. Your parents don't mind if you move out.
- You can handle your own money.
- You have a legal way to make money.
- Emancipation would be good for you.

Here's a link to more info from the CA courts:

http://www.courtinfo.ca.gov/selfhelp/family/emancip/emanqa.htm

Will I be able to get federal student loans while I am an emancipated minor?
Maybe ... maybe not. Because your parents are not indigent nor deceased, you may not qualify for certain loan programs.

How much money will I have to be making for the court to decide I am independent?
Enough to live on. Keep in mind that you might be able to live on $20,000 per year in CA, but doing so in HI is a lot more difficult. And TRY working 40 hours each week and taking a full college load! Been there, done that, drove me to the brink of disaster!

Will I be able to live in the universities residence halls or dorms as an emancipated minor?
You'd have to check with the university. They might balk at the idea.

If I get emancipated while living in California, can I move to Hawaii for college?
If you are legally emancipated, you can do what you want. However, the UHH may have their own rules about age and enrollment or living on campus.

What types of cases do the minors become successfully emancipated in?
In my experience, it is instances where the minor is living in a poor environment and the only real "adult" in the home IS the teenager asking for emancipation. In your case, emancipation is not necessary for your success in life. You have one idea, your parents have another. Disagreement is NOT generally grounds for terminating a parents' rights to look after their child.

If my boyfriend's parents own a house in Hawaii, can I claim that as me permanent residence if they allow me to?
Ah ha! There IS a boy involved!

Note: NOT court is going to grant you emancipation so that you can screw around with a boyfriend. Additionally, emancipation does NOT give you the lawful right to fool around, have sex, or even be involved in heavy petting.

No, your boyfriend's home is not your home. If emancipated, and they allow you to declare that as your home in HI for purposes of tuition and admissions at UHH, that's their business.

When going through the process of emancipation, do I have to be living away from home... or can I move after I am emancipated to the university?
You must obey your parents until emancipated. Disobedience and running away will demonstrate a lack of maturity and will not endear you to the court. if you have even the slightest hope of emancipation, you need to come off as bright, articulate, and have a plan - a plan that does NOT include boyfriends, welfare, or government assistance for survival.

Like I said, the most likely result of things here is likely to be that you do two years of Hartnell before you transfer. That is NOT the end of the world. It will also give you a couple years to build up lower division credits, work to save money and to seek loan and grant programs for whatever major you choose.


- Carl
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top