Procedures for Declaring Emancipation

California’s Family Code, in Division 11, Part 6, Chapter 3, Article 2 deals with the procedure for declaring the emancipation of a minor in this state.

Section 7120 allows a minor to petition the superior court of the county in which the minor resides or is temporarily domiciled for a declaration of emancipation. The written petition must set forth with specificity all four listed facts.

Section 7121 provides that, before the petition for a declaration of emancipation is heard, notice the court determines is reasonable must be given to the minor’s parents, guardian, or other person entitled to the custody of the minor, or proof must be made to the court that their addresses are unknown or that for other reasons the notice cannot be given.

Section 7122 requires the court to sustain the petition if it finds that the minor is a specified person and that emancipation would not be contrary to the minor’s best interest. A declaration, once issued, is conclusive evidence that the minor is emancipated.

Section 7123 provides that, if the petition is denied, the minor has a right to file a petition for a writ of mandate. 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.