EM-100-INFO - Emancipation Pamphlet

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Emancipation Pamphlet

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Form ID: EM-100-INFO
Title: Emancipation Pamphlet
Effective Date: 2018-09-01
Mandatory Form: yes
Languages: 汉语, 한국어, español, Tiếng Việt
Info Page: https://selfhelp.courts.ca.gov/jcc-form/EM-100-INFO
Primary Download URL: https://www.courts.ca.gov/documents/em100info.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/em100infoc.pdf, https://www.courts.ca.gov/documents/em100infok.pdf, https://www.courts.ca.gov/documents/em100infos.pdf, https://www.courts.ca.gov/documents/em100infov.pdf
Form Detail Page:
Emancipation Pamphlet
(EM-100-INFO)
Explains how to become emancipated and other options you may have.
Get form EM-100-INFO
汉语
Get form EM-100-INFO in Chinese Simplified
(Chinese Simplified)
한국어
Get form EM-100-INFO in Korean
(Korean)
español
Get form EM-100-INFO in Spanish
(Spanish)
Tiếng Việt
Get form EM-100-INFO in Vietnamese
(Vietnamese)
Effective: September 1, 2018
PDF Text:
family counseling or mediation services between you 
and your parents
living with another responsible adult (aunt, uncle, 
grandparent, or family friend) EMANCIPATION
PAMPHLET
seeking assistance from public and private agencies
an informal agreement with your parents allowing you 
to live outside your home
This pamphlet provides only basic information 
about emancipation proceedings. 
If you need additional information, you may 
wish to consult an attorney.
Form Approved for Optional Use  
Judicial Council of California 
EM-100 -INFO (Rev. September 1, 2018)
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EM-100-INFO
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WHAT IS EMANCIPATION?
Emancipation is a legal procedure that frees children from 
the custody and control of their parents or guardians before 
they reach the age of majority. (In California, this is age 18.) 
If you become emancipated, you will be able to do certain 
things without your parent's consent, such as:
consent to medical treatment
apply for a work permit
enroll in school or college
You will also give up your right to be supported by your 
parents.
Even if you are emancipated:
You must still attend school.
You cannot get married without parental consent.
You probably will remain under juvenile court 
jurisdiction, if you commit a crime.
IF YOU HAVE A LEGAL GUARDIAN:
All references in this pamphlet to parent or parents include 
legal guardians or guardians.
HOW DO I BECOME EMANCIPATED?
WHAT DO I DO IF THE JUDGE GRANTS MY 
PETITION FOR EMANCIPATION?
If the judge grants your petition for emancipation after a 
hearing is held or without a hearing, you must take your 
papers back to the clerk's office and file them. The clerk will 
file the original declaration of emancipation, and give you 
copies to keep as proof of emancipation. You may need to 
show these copies to employers, landlords, doctors, school 
officials, or others who would otherwise require parental 
consent.
If you want to notify the Department of Motor Vehicles 
(DMV) about your emancipation, complete an Emancipated 
Minor's Application to California Department of Motor 
Vehicles (EM-140) form and take it to the DMV along with 
a certified copy of the declaration of emancipation.
IS EMANCIPATION PERMANENT?
Emancipation is usually permanent. However, if there are 
statements on your petition that are not true, or if you 
become unable to support yourself, the court may set aside 
the declaration of emancipation.
DO I HAVE CHOICES OTHER THAN 
EMANCIPATION?
Emancipation is only one of several alternatives available to 
you if you feel you cannot live with your parents. You may 
want to consider other options such as:
There are three ways you can become emancipated:
You can get married (This requires parental consent and 
permission from the court.)
1.
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set a hearing on your petition to be conducted within 
30 days thereafter.
You can join the armed forces. (This requires parental 
consent and acceptance by the service.)
You can obtain a declaration of emancipation from a 
judge.
3.The clerk will provide you with an endorsed filed copy of 
the judge's order. This pamphlet tells you only about how to be declared 
emancipated by a judge. If you want to be declared 
emancipated by a judge, you must convince the judge that 
you meet ALL of the following requirements:
Declaration of emancipation without hearing
If the judge finds that all notice and consent requirements 
have been met or waived, and that emancipation is not 
contrary to your best interests, the judge may grant your 
petition without a hearing.
You are at least 14 years old.1.
You willingly want to live separate and apart from your 
parents with the consent or acquiescence of your parents. 
(Your parents do not object to you living apart from 
them.)
2.
Setting a hearing and giving notice You can manage your own finances.3.
If the judge wants more information, a hearing will be held 
within 30 days of the order prescribing notice and setting for 
hearing. If the judge orders the matter set for hearing, the 
clerk will notify the district attorney of the time and date of 
the hearing. The judge may require that you give notice to 
your parents and other people of the time and place of the 
hearing.  This is very important, because the judge may be 
very strict about making sure that your parents were given 
proper notice before granting an emancipation petition.
4. You have a source of income that does not come from 
any illegal activity.
Emancipation would not be contrary to your best 
interests; it is good for you.
5.
HOW DO I GET DECLARED EMANCIPATED BY A 
JUDGE?
Notice is provided by giving or mailing a copy of the 
emancipation petition to each person the judge lists for you. 
An adult, 18 years or older, must personally give or mail the 
copies for you as soon as possible after the hearing date is 
set, and complete a Proof of Service form to be filed with 
the clerk.
You will need to complete certain forms and file them with 
the court. You can get blank forms to fill out from the court 
clerk's office. The forms you must fill out are:
Petition for Declaration of Emancipation of Minor, 
Order Prescribing Notice, Declaration of 
Emancipation, and Order Denying Petition (EM-100)
Emancipation of Minor—Income and Expense 
Declaration (EM-115)
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EM-100-INFO
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why you want to be emancipated, and how you are 
supporting yourself.  If you have children, tell how 
you are supporting them. You could also include 
letters from your employer and your landlord.
Notice of Hearing (EM-109)
Declaration of Emancipation of Minor After Hearing 
(EM-130)
If you do not know where your parents or guardians 
live, you must tell the court when you last saw your 
parents and what efforts you have made to find out 
where your parents live.
If you know where your parents live, but they refuse 
to sign the consent, you must get a hearing date from 
the clerk, and give notice of the hearing to your 
parents.
If you know where your parents live, but you do not 
wish to notify one or both of them about this petition, 
you must state ALL your reasons and request the 
court to waive notification to your parents.
Filing the petition and the other forms
After you have completed the forms and all necessary 
attachments, and obtained your parents' signatures (if 
possible), take the forms and the attachments to the clerk's 
office for filing. (When you pick up the blank forms, ask the 
clerk how many copies of each form you will need to bring 
with you. Be sure to keep a copy for yourself.) When you 
get to the court, tell the clerk that you are filing a petition 
for emancipation and show the clerk your papers. The clerk 
will keep at least one copy of your petition. The clerk will 
either give or direct you to give the petition to the judge. 
Within 30 days from the filing of the petition, the judge will 
either
Emancipation petition
You must file a Petition for Declaration of Emancipation of 
Minor form (EM-100) in the county in which you live. 
(Check with your local clerk's office to find out which 
division of the court handles emancipations. If you are a 
dependent or ward of the juvenile court, the petition must be 
filed in juvenile court.) Only you may petition the court for  
emancipation. You will be asked to provide a verifiable 
residence address. You must also complete and attach to the 
petition an Emancipation of Minor—Income and Expense 
Declaration form (EM-115).
Filing fee or waiver
You may  be required to pay a fee to file your emancipation 
petition. Ask the clerk if a fee is required. If you cannot 
afford to pay the fee, you can file an application to have the 
fees waived, including an Application for Waiver of Court 
Fees and Costs form and an Order on Application of Court 
Fees and Costs form. Unless waived, the petitioner shall 
pay the filing fee as specified. The ability or inability to pay 
the filing fee is not in and of itself evidence of the financial 
responsibility of the minor as required for emancipation.
Filling out the forms
Print or type ALL information requested on the forms.
grant your petition; orSign and date the petition.
deny your petition; orInclude a statement explaining your living situation,
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Retrieval chunks

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  Form ID: EM-100-INFO Title: Emancipation Pamphlet Effective Date: 2018-09-01 Mandatory Form: yes Languages: 汉语, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/EM-100-INFO Primary Download URL: https://www.courts.ca.gov/documents/em100info.pdf Alternate Download URLs: https://www.cou…

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  hearing is held or without a hearing, you must take your papers back to the clerk's office and file them. The clerk will file the original declaration of emancipation, and give you copies to keep as proof of emancipation. You may need to show these copies to employers, landlords, doctors, school officials, or oth…

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  hearing. If the judge orders the matter set for hearing, the clerk will notify the district attorney of the time and date of the hearing. The judge may require that you give notice to your parents and other people of the time and place of the hearing. This is very important, because the judge may be very strict …

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  clerk how many copies of each form you will need to bring with you. Be sure to keep a copy for yourself.) When you get to the court, tell the clerk that you are filing a petition for emancipation and show the clerk your papers. The clerk will keep at least one copy of your petition. The clerk will either give or …