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You are here: Families & Children > Emancipation > Steps to Get a Declaration of Emancipation
Note: This information is general. Talk to a lawyer for help with your case.
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Follow these steps to get a declaration of emancipation:
1. Fill out the forms.
Print or type ALL of the information asked for.
Petition for Declaration of Emancipation of Minor, Order Prescribing Notice, Declaration of Emancipation, and Order Denying Petition (form MC-300)
Only you can ask the court for emancipation. You have to tell the court where you will live. Remember to sign the petition and write the date.
Attach these forms to your petition:
- Emancipation of Minor-Income and Expense Declaration (form MC-306)
- Notice of Hearing-Emancipation of Minor (form MC-305)
- Declaration of Emancipation of Minor After Hearing (form MC-310)
You may have to pay a fee to file your petition. If you can't pay, you can fill out forms to ask for a fee waiver. This won't affect your emancipation. Click here for fee waiver instructions and forms.
| Note: All California courts use the same basic forms. But some courts have local forms, too. Ask the clerk, or check your court's Web site to see if your court requires you to fill out other forms. |
2. Write a statement.
Write a statement to the court that explains:
- How you live,
- Why you want to be emancipated,
- How you support yourself, and
- If you have children, how you support them.
If you don't know where your parents or guardians live, tell the court when you last saw your parents and what you've done to find them.
If don't want to tell your parents about the petition, tell the court ALL your reasons. You can ask the court for permission to not tell them.
Attach letters from your boss and your landlord if you want.
3. File the petition, other forms, and your statement.
After you fill out all your forms and your statement:
- Make copies of your forms and statement. Ask the court clerk in the county where you live how many copies of each form you need. Click here to find the telephone number and location of your court. Also, make extra copies of the forms to keep.
- Take the forms and the statement to the court clerk's office in the county where you live.
- Ask the clerk how your court handles emancipations. You must file in juvenile court if you are a dependent or ward of the juvenile court.
- If your parents won't give you permission to get emancipated, get a hearing date from the clerk and tell your parents about the hearing.
4. Wait for the judge's decision.
After you file your petition, the judge has 30 days to:
- Accept your petition;
- Reject your petition; or
- Set a hearing for your petition. You will have the hearing within 30 days.
The clerk will give you an "endorsed-filed" copy of the judge's order.
If the judge accepts your petition without a hearing, you will get a Declaration of Emancipation Without Hearing (form MC-300). You are emancipated. Read What to do if the judge says I'm emancipated, below.
If the judge wants more information, you will have a hearing within 30 days. You may have to give "notice" to your parents and other people about the hearing.
Notice is when someone over 18 sends or gives a copy of the petition to the people the judge lists. Then he or she has to fill out a Proof of Service form and file it with the clerk. This is very important. The judge may not give you emancipation if everyone doesn't get notice.
5. What to do if the judge says I'm emancipated.
After the judge accepts your petition, take your papers back to the clerk's office and file them. Do this even if you didn't have a hearing. You will get copies of the Declaration of Emancipation. These are important papers. Keep them in a safe place. You may need to show your boss, landlord, doctor, school, or anyone else who asks for your parents' permission.
If you want the DMV to know that you are emancipated, fill out Emancipated Minor's Application to California Department of Motor Vehicles (form MC-315). Take it to the DMV with a certified copy of your Declaration of Emancipation.
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Last modified: 03/17/2008
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