Article 3. Voiding Or Rescinding Declaration of California Family Law Code >> Division 11. >> Part 6. >> Chapter 3. >> Article 3.
(a) A declaration of emancipation obtained by fraud or by the
withholding of material information is voidable.
(b) A declaration of emancipation of a minor who is indigent and
has no means of support is subject to rescission.
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. The petition shall be filed in the
court that made the declaration.
(a) 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. The petition shall be filed in the county in which the
minor or the conservator resides.
(b) The minor may be considered indigent if the minor's only
source of income is from public assistance benefits. The court shall
consider the impact of the rescission of the declaration of
emancipation on the minor and shall find the rescission of the
declaration of emancipation will not be contrary to the best interest
of the minor before granting the order to rescind.
(a) Before a petition under this article is heard, notice the
court determines is reasonable shall be given to the minor's parents
or guardian, or proof shall be made to the court that their
addresses are unknown or that for other reasons the notice cannot be
(b) The notice to parents shall state that if the declaration of
emancipation is voided or rescinded, the parents may be liable to
provide support and medical insurance coverage for the child pursuant
to Chapter 2 (commencing with Section 4000) of Part 2 of Division 9
of this code and Sections 11350, 11350.1, 11475.1, and 11490 of the
Welfare and Institutions Code.
(c) No liability accrues to a parent or guardian not given actual
notice, as a result of voiding or rescinding the declaration of
emancipation, until that parent or guardian is given actual notice.
If the petition is sustained, the court shall forthwith issue
an order voiding or rescinding the declaration of emancipation,
which shall be filed by the clerk of the court.
Voiding or rescission of 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