Rule 5.605. Emancipation of minors

(a) Petition A petition for declaration of emancipation of a minor must be submitted onPetition for Declaration of Emancipation of Minor, Order Prescribing Notice, Declaration of Emancipation, and Order Denying Petition(form MC-300). Only the minor may petition the court for emancipation, and the petition may be filed in the county in which the minor can provide a verifiable residence address. The petitioner must complete and attach to the petitionEmancipation of Minor-Income and Expense Declaration(form MC-306).

(b) Dependents and wards of the juvenile court Petitions to emancipate a child who is a dependent or ward of the juvenile court must be filed and heard in juvenile court.

(c) Court The petition to emancipate a minor other than a dependent or ward of the juvenile court must be filed and will be heard in juvenile court or other superior court department so designated by local rule or by order of the presiding judge.

(d) Filing fee Unless waived, the petitioner must pay the filing fee as specified. The ability or inability to pay the filing fee is not in and of itself evidence of the financial responsibility of the minor as required for emancipation.

(e) Declaration of emancipation without hearing If the court finds that all notice and consent requirements have been met or waived, and that emancipation is not contrary to the best interest of the petitioner, the court may grant the petition without a hearing. The presiding judge of the superior court must develop a protocol for the screening, evaluation, or investigation of petitions.

(f) Time limits The clerk of the court in which the petition is filed must immediately provide or direct the petitioner to provide the petition to the court. Within 30 days from the filing of the petition, the court must (1) grant the petition, (2) deny the petition, or (3) set a hearing on the petition to be conducted within 30 days thereafter. The clerk must immediately provide the petitioner with an endorsed-filed copy of the court’s order.

(g) Notice If the court orders the matter set for hearing, the clerk must notify the district attorney of the time and date of the hearing, which must be within 30 days of the order prescribing notice and setting for hearing. The petitioner is responsible for notifying all other persons to whom the court requires notice.

Committee Notes

(Subd (a) amended effective January 1, 2007.)

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1995.)

(Subd (c) amended effective January 1, 2007.)

(Subd (d) amended effective January 1, 2007.)

(Subd (e) amended effective January 1, 2007.)

(Subd (f) amended effective January 1, 2007.)

(Subd (g) amended effective January 1, 2007.)