How to Become a Legal Adult by California Law
- 1). Ask for permission and written consent. As you are a minor, the court requires letters of consent from the adults in your life that are legally responsible for your care and well-being. This usually includes your parents or guardians, and a social worker or probation officer, if that applies.
- 2). Find a job and a place to live. This is a very important step because you have to prove to the court that you can financially support yourself, just like an adult. The judge reviewing your case will want to see that you are working at a legitimate place of employment and living in a safe environment.
- 3). Write a statement to the court. Tell the judge the reasons that you want to become emancipated, how you support yourself (your job and where you live), and how you support your children, if you have any. Include information about your parents or guardians. If you can't find your parents or do not want to ask them for consent, you will have to explain your reasons in detail.
- 4). Fill out all of the required forms. Contact the Superior Court of the county where you live and ask the court clerk for the emancipation forms. The clerk may also advise you to make at least three copies of all forms, your statement, letters of consent and any letters of support.
- 5). Prepare for the court fees. As of early 2010, the initial filing fee ranged from zero to $355, depending on the county. The fee is paid when the paperwork is submitted with the court clerk. If you can't afford the fee, you may file additional paperwork with the court for a fee waiver.
- 6). Submit the paperwork. File all of the emancipation forms, your statement, letters of consent and any letters of support with the Supreme Court clerk in the county where you live. If you have a social worker or probation officer--as a ward or dependent of the juvenile court--you must file your papers with the juvenile court.
- 7). Act on the court's ruling. If the judge accepts your petition, you are emancipated, a legal adult in California. The court will give you a Declaration of Emancipation and you must file this with the county clerk. Make sure you get copies of this document.
If the judge asks for more information before reaching a decision, a hearing date will be set, usually within 30 days. The judge may ask for more information from you, your parents, family members, or others that know you. The court will send notices--Proof of Service forms--to all those she wants to hear from and they must be completed and filed with the court.
If your petition is denied, you may wish to consult with an attorney to help you ask the court to reconsider, or you can file a new petition after you have addressed the judge's reasons for denial, such as new employment or a better living arrangement.