Voiding or Rescinding a Declaration of Minor Emancipation

Division 11, Part 6, Chapter 3, Article 3 of the Family Code dealing with the voiding or rescinding of a court declaration of emancipation of a minor.

Section 7130 states that a declaration of emancipation obtained by fraud or by the withholding of material information is voidable. A declaration of emancipation of a minor who is indigent and has no means of support is subject to rescission.

Section 7131 provides that a petition to void a declaration of emancipation on the ground that the declaration was obtained by fraud or by the withholding of material information may be filed by any person or by any public or private agency.

Section 7132 specifies that a petition to rescind a declaration of emancipation on the ground that the minor is indigent and has no means of support may be filed by the minor declared emancipated, by the minor’s conservator, or by the district attorney of the county in which the minor resides. Also, the minor may be considered indigent if the minor’s only source of income is from public assistance benefits.

Section 7133 states that, before a petition under this article is heard, notice the court determines is reasonable must be given to the minor’s parents or guardian, or proof must be made to the court that their addresses are unknown or that for other reasons the notice cannot be given.

Section 7134 requires, if the petition is sustained, for the court to issue an order voiding or rescinding the declaration of emancipation, which must be filed by the clerk of the court.

Section 7135 states that voiding or rescinding the declaration of emancipation does not alter any contractual obligation or right or any property right or interest that arose during the period that the declaration was in effect.