Leaving Home Before Eighteen
Fam. Code 7120 — at least 14, living apart, and managing their own money
In California, a person under the age of 18 years is an emancipated minor in any of three ways: a valid marriage or domestic partnership, even one since dissolved, active duty with the Armed Forces of the United States, or a declaration of emancipation from a court.
The petition. A minor may petition the superior court of the county where the minor lives or is temporarily domiciled. It states with specificity that the minor is at least 14 years of age, willingly lives separate and apart from the parents or guardian with their consent or acquiescence, manages their own financial affairs, shown by a declaration of income and expenses on Judicial Council form FL-150, and has income that does not come from any activity that is a crime.
The decision. The court sustains the petition if the minor meets those facts and emancipation would not be contrary to the minor's best interest, issues the declaration at once, and the declaration is conclusive evidence that the minor is emancipated.
An adult for listed purposes. An emancipated minor is considered an adult for a set of purposes the section names, among them these.
- The minor's right to support from the parents ends, as does the parents' right to the minor's earnings and to control the minor.
- Consent to medical, dental or psychiatric care without parental consent, knowledge or liability.
- Binding contracts, buying, selling or leasing property, suing and being sued in the minor's own name, and making or revoking a will.
- Establishing a residence, enrolling in a school or college, and applying for a work permit without the parents' request.
- The parents' vicarious liability for the minor's torts ends, though liability under the Vehicle Code is not affected.
| The assumption | What the law actually does |
|---|---|
| The assumptionOnly an older teenager can ask | What the law actually doesThe petition can come at 14, with living apart, managing money and lawful income |
| The assumptionA minor can leave and then ask the court to approve it | What the law actually doesThe minor lives apart with the consent or acquiescence of the parents or guardian, and the court asks whether emancipation is contrary to the minor's best interest |
Running away, a parent's custody rights and the rules for minors in foster care are not all on this page. Whether a particular minor qualifies is a question for a licensed California attorney.
Sources for this section (4)
- Fam. Code 7120 — Petition for a declaration of emancipation
- Fam. Code 7122 — Sustaining the petition; declaration of emancipation
- Fam. Code 7002 — Who is an emancipated minor
- Fam. Code 7050 — Effect of emancipation
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.