Article 2. Procedure For Declaration of California Family Law Code >> Division 11. >> Part 6. >> Chapter 3. >> Article 2.
(a) A minor may petition the superior court of the county in
which the minor resides or is temporarily domiciled for a declaration
(b) The petition shall set forth with specificity all of the
(1) The minor is at least 14 years of age.
(2) The minor willingly lives separate and apart from the minor's
parents or guardian with the consent or acquiescence of the minor's
parents or guardian.
(3) The minor is managing his or her own financial affairs. As
evidence of this, the minor shall complete and attach a declaration
of income and expenses as provided in Judicial Council form FL-150.
(4) The source of the minor's income is not derived from any
activity declared to be a crime by the laws of this state or the laws
of the United States.
(a) Before the petition for a declaration of emancipation is
heard, notice the court determines is reasonable shall be given to
the minor's parents, guardian, or other person entitled to the
custody of the minor, or proof shall be made to the court that their
addresses are unknown or that for other reasons the notice cannot be
(b) The clerk of the court shall also notify the local child
support agency of the county in which the matter is to be heard of
the proceeding. If the minor is a ward of the court, notice shall be
given to the probation department. If the child is a dependent child
of the court, notice shall be given to the county welfare department.
(c) The notice shall include a form whereby the minor's parents,
guardian, or other person entitled to the custody of the minor may
give their written consent to the petitioner's emancipation. The
notice shall include a warning that a court may void or rescind the
declaration of emancipation and the parents may become liable for
support and medical insurance coverage pursuant to Chapter 2
(commencing with Section 4000) of Part 2 of Division 9 and Sections
17400, 17402, 17404, and 17422.
(a) The court shall sustain the petition if it finds that the
minor is a person described by Section 7120 and that emancipation
would not be contrary to the minor's best interest.
(b) If the petition is sustained, the court shall forthwith issue
a declaration of emancipation, which shall be filed by the clerk of
(c) A declaration is conclusive evidence that the minor is
(a) If the petition is denied, the minor has a right to file
a petition for a writ of mandate.
(b) 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.