PUJA SACHDEV | March 4, 2025 | Child Custody
California considers a person under 18 years old a minor. A minor has not reached the age of majority. Most states define the age of majority as 18 years old. However, a few states set the age of majority at 19 or 21 years old.
Parents serve as the guardians and caregivers for minors. They are legally required to provide for their children’s financial and daily needs until they reach the age of majority. However, emancipation can end the requirement to provide for a minor. It also gives minors the same rights as adults.
What Is Emancipation of a Minor in California?
Emancipation is the legal process of terminating a parent’s responsibility for providing for their children.
Providing for a child includes the child’s clothing, food, health care, essential items, shelter, and education. Parents also have the right to make decisions for their children, including their extracurricular activities, education, medical care, and religious upbringing. When a child is emancipated, the rights and responsibilities of the parent and the child change.
The parent is no longer responsible for the child’s needs. They are not legally required to provide a place for the child to live, ensure the child attends school, or purchase the child’s necessary needs. Emancipation also terminates a parent’s right to make decisions for their children.
A child is responsible for providing for their needs when they are emancipated. They can also make decisions for themselves, including where and with whom to live, the medical care they receive, and how to spend their time. The child can enter legal contracts and obtain a work permit.
However, an emancipated child must continue to follow the law. They must meet the requirements to hold a job, get married, or obtain a driver’s license. They must attend school until they are old enough to quit school legally.
When Does a Minor Become Emancipated in California?
A minor is emancipated when they are 18 years old. However, there are other ways a minor can be emancipated before they turn 18 years old:
Become a Member of the Armed Services
Joining the armed forces results in emancipation of a minor. However, a minor cannot walk into a recruiting office and join an armed service without meeting specific requirements.
Parents must give their consent for a minor to join the armed forces. They must also meet the requirements of the branch of military service they wish to join and be accepted into service by the military branch.
Get Married
A minor is emancipated if they get married. Typically, people must be 18 years old to get married in California. However, California law allows minors to get married if they meet specific requirements.
The minor must have a court order granting their request to get married before obtaining a marriage license. The court requires the minor to have written consent from the minor’s legal parents or guardians. Some counties may require the parties to meet with Family Court Services before the court will conduct a hearing to consider whether to allow a minor to get married.
Petition the Court for Emancipation
Minors may petition the court asking for emancipation. The child has the burden of proving they meet the requirements for emancipation. Those requirements are:
- The minor is 14 years old or older
- They have a source of income that is not from illegal activity
- They are capable of managing their own finances
- Emancipation is in their best interest
- They want to live separate and apart from their parents, and their parents do not object
A minor may seek emancipation for many reasons. They may be angry with their parents or disagree about the direction of their life. Parents and children might benefit from counseling or mediation in these cases.
In other cases, a minor may allege their parents fail to provide for them. The court may grant child custody to a guardian and order the parents to provide child support instead of emancipating the child.
Each situation is unique. Judges decide emancipation cases based on the evidence and factors specific to that case. The judge must determine if the child meets the legal requirements for emancipation. However, they must also determine whether emancipation is in the child’s best interests, given all relevant factors.
Learn More About Child Custody Laws in California
Parents may struggle to agree about decisions impacting their children’s lives. When the parents are divorced, it can complicate the situation. Child custody orders determine parental rights in these situations. Contact our experienced San Diego child custody lawyers at San Diego Divorce Lawyers, APC, or call us at (619) 866-3756 to schedule a free consultation to discuss child custody matters with a San Diego family law attorney during a free consultation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
