Do I need the consent of my parents for an emancipation? 1 Answers as of July 27, 2011I plan to start the procedures for a Petition for Emancipation in approximately 1.5 years (when I will graduate high school at 16 years old) with the reason that I will be more successful in college and in work without the stress of a verbally, emotionally, and sometimes physically abusive parent. I meet all of the requirements I have found for California but one which is "You willingly want to live separate and apart from your parents with the consent or acquiescence of your parents. (Your parents do not object to you living apart from them.)". It is extremely unlikely that my parents would consent to me not living with them is there any way around this?
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An emancipation can be difficult to get without the consent of your parents. Generally unless you can show a reason why your parent's rights should be terminated and you are responsible enough to qualify for an emancipation, the courts will not approve the emancipation. If you have graduated from high school and can gain acceptance into a college away from home, this may increase the possibility that an emancipation will be granted, however that is not guaranteed. If you are being physically abused, that is certainly a factor which can be considered in an emancipation, however there is no guarantee that social services will not step in and place you in foster care. One approach you may wish to use is to advise your parents that emancipation will significantly reduce any financial responsibility that they will have for your college tuition. If you are emancipated, you will qualify for additional financial aid for school as you will be considered to be a legal adult.
Answer Applies to: California