Revised 7/12 Emancipation of Minor Packet - stanct.org · Revised 7/12 . Emancipation of Minor...

Revised 712

Emancipation of Minor Packet

This packet contains forms required to begin an emancipation proceeding in Stanislaus County Superior Court Only the minor may petition the Court for emancipation The petition may be filed in the county in which the minor can provide a verifiable residence address Once the Petition for Declaration of Emancipation of Minor has been filed the Clerkrsquos Office will send the file to the Judge The Judge will then determine if a hearing will be required If a hearing is required the clerk will set the hearing date on the Order Prescribing Notice on the Petition for Emancipation of Minor and the Notice of Hearing A copy of the Petition must be served on the parties (designated by the Judge on the Order Prescribing Notice) by personal service or by mail You must return the original proof of service and two copies to the Clerkrsquos Office after you have served all parties The file marked copies of the proof of service will be mailed back to you in the self-addressed stamped envelope that you must provide Judicial Council forms local forms and information is available in the Clerkrsquos Office at the Stanislaus County Law Library located at 1101 13th Street Modesto and on the following Websites

bull Stanislaus County Superior Court wwwstanctorg bull Stanislaus County ndash Local Forms wwwstanctorgFormsaspxid=3 bull Free Interactive Electronic Forms Program wwwicandocsorgcacaliforniahtml bull Californiarsquos Free Website for Legal Help wwwlawhelpcaliforniaorg bull Law Libraries Websites or Self-Help Legal Books wwwcourtscagov1091htm

Lawyer Referral Service may be able to assist you in finding an attorney Their telephone number is (209) 571-5727 There are books available on how to do an Emancipation of Minor at the public library and in bookstores More information is available in the Stanislaus County Local Rules of Court Please refer to the Emancipation Pamphlet that is enclosed in this packet for basic information

STANISLAUS COUNTY SUPERIOR COURT httpwwwstanctorg

(209) 530-3100

FREQUENTLY ASKED QUESTIONS

Persons handling their own case called ldquoin propria personardquo or ldquopro perrdquo are required to prepare and present their court documents in complete and proper form without help from court staff The staff of the Superior Court is prohibited by law from giving legal advice or assistance pursuant to Sections 24004 and 68082 California Government Code Questions on legal matters regarding the appropriate form or its proper completion and presentation should be referred to an attorney

PREPARATION You are required to bring in one (1) original plus two (2) copies of all documents Whether typed or hand printed your papers must be completed in blue or black ink be legible and dark enough to photocopy The petitionerrsquos name address and telephone number must be placed in the space in the upper left hand corner of each form Pleadings are to be dated and signed before being presented for filing Each form must have the court name and location in the heading as indicated below

SUPERIOR COURT OF CALIFORNIA COUNTY OF STANISLAUS 1100 I Street PO Box 1098 Modesto CA 95353-1098

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NO FOR COURT USE ONLY

ATTORNEY FOR (Name)

SUPERIOR COURT OF CALIFORNIA COUNTY OFSTREET ADDRESS

MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME

IN THE MATTER OF (NAME)

Petitioner a minorCASE NUMBER

PETITION FOR DECLARATION OF EMANCIPATION OF MINOR

ORDER PRESCRIBING NOTICE

DECLARATION OF EMANCIPATION ORDER DENYING PETITION

1 My nameMy addressI am a resident of or temporarily domiciled in this county

2 I request that the court declare me to be emancipated3 a I am at least 14 years of age and my date of birth is

b I am willingly living separate and apart from my parents or legal guardian with the consent of my parents or legal guardian Ihave been living apart from them since (date)

c I am managing my own financial affairs I have completed my declaration of income and expenses on form MC-306 and attachedit to this petition

d No part of my income comes from any activity that is a crime under the laws of the State of California or of the United States4 My mothers name is

Her address isHer consent to my emancipation is attachedNotice to her should not be required because (state reasons)

5 My fathers name isHis address is

His consent to my emancipation is attachedNotice to him should not be required because (state reasons)

6 I have a legal guardianMy guardians name isMy guardians address is

My guardians consent to my emancipation is attachedNotice to my guardian should not be required because (state reasons)

7 Other person entitled to noticeThis persons name isThis persons address is

This persons consent to my emancipation is attachedNotice to this person should not be required because (state reasons)

8 I am a dependent child [probation] ward of the Juvenile Court of CountyCase number (if known)My social worker probation officer is (name)His her consent is attached

I declare under penalty of perjury that the foregoing is true and correct and that this declaration is executed at

(place) California

on (date)(SIGNATURE OF PETITIONER)

Form Adopted for Mandatory UseJudicial Council of California

MC-300 [Rev January 12008]PETITION FOR DECLARATION OF EMANCIPATION OF MINOR

ORDER PRESCRIBING NOTICE DECLARATION OFEMANCIPATION AND ORDER DENYING PETITION

Family Code sect 7000 et seq

MCndash300

of 2

STANSLAUS1100 I StreetPO Box 1098Modesto CA 95353-1098

STANSLAUS

NAME OF MINOR CASE NUMBER

ORDER PRESCRIBING NOTICE9 The court finds that

a All persons entitled to notice of this proceeding have consented to the emancipation and waived notice of hearingb The addresses of the following are unknown

(1) Father(2) Mother(3) Legal guardian

c Notice to the following persons cannot or should not be givend Other (specify)

10 IT IS ORDERED that notice of this proceedinga is not required The declaration of emancipation may proceed without hearingb is required to the following persons


(4) Juvenile Court of Countyfor service on social worker or probation officer

(5) District attorneyat (time) in (dept)c This matter is set for hearing on (date)

Date (JUDGE OF THE SUPERIOR COURT)

DECLARATION OF EMANCIPATION WITHOUT HEARING(Only if the court has ordered item 10a above)

The court finds that the petitioner is a person described by Family Code section 7120 All notice requirements have been met or waivedby the court Emancipation is not contrary to the best interests of the child

THE PETITION IS GRANTED THE PETITIONER IS DECLARED TO BE EMANCIPATED FOR PURPOSES SET FORTH INFAMILY CODE SECTION 7050 ET SEQ

Date(JUDGE OF THE SUPERIOR COURT)

ORDER DENYING PETITION

The court finds that the petition on its face fails to establish that the petitioner is a person described by Family Code section 7120THE PETITION IS DENIED


[SEAL]CLERKS CERTIFICATE

(Of Declaration of Emancipation)

I certify that the foregoing is a true and correct copy of the original on file in my office

Date Clerk by Deputy

MC-300 [Rev January 1 2008] PETITION FOR DECLARATION OF EMANCIPATION OF MINORORDER PRESCRIBING NOTICE DECLARATION OFEMANCIPATION AND ORDER DENYING PETITION

Page 2 of 2

MCndash300


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME


Petitioner a minorCASE NUMBERNOTICE OF HEARING - EMANCIPATION OF MINOR

CONSENT AND WAIVER OF NOTICE

1 The minor (name) has filed a petition asking the courtto declare the minor an EMANCIPATED MINOR If the petition is granted the minor will be considered to be over the age of majorityfor purposes set forth in California Family Code section 7050

2 A HEARING for the court to consider the petition will be held

on (date) at (time) in Dept Room

TO PARENTSIF THE PETITION IS GRANTED THE MINOR THE MINORS REPRESENTATIVE OR THE DISTRICT ATTORNEY MAY LATER PETITIONTHE COURT TO RESCIND THE DECLARATION OF EMANCIPATION AND YOU MAY BE LIABLE FOR SUPPORT AND MEDICAL COVERAGEFOR THE MINOR

Date

(TYPE OR PRINT NAME) PETITIONER CLERK

CONSENT AND WAIVER OF NOTICEThe undersigned give up the right to notice of a hearing on the Petition for Declaration of Emancipation and consent to a declaration ofemancipation without a hearing

a Mother Signature Dated AddressTelephone number

b Father Signature Dated AddressTelephone number

c Legal guardian Signature Dated AddressTelephone number

d Social workerProbation Officer Signature Dated AddressTelephone number

e District attorney Signature Dated AddressTelephone number

Form Adopted by theJudicial Council of CaliforniaMC-305 [Rev July 1 1994]

NOTICE OF HEARING - EMANCIPATION OF MINOR Family Code sect 7000 et seq

Mandatory Form

STANISLAUS1100 I StreetPO Box 1098Modesto CA 95353-1098


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME


Petitioner a minor

CASE NUMBEREMANCIPATION OF MINOR INCOMEAND EXPENSE DECLARATION

1 My name and address are

My telephone number isI have been living at this address sinceI live there with (name and relationship of all persons including children)

2 My date of birth is

3 a I am attending school (name of school and grade)

b I am not attending school The highest year of education I have completed is

4 My occupation is

5

6

a I am employed My place of employment is (name and address)

I started work there on (date)b I am not employed at the present time I last worked from (starting month end year)

to (ending month end year) My gross monthly earnings were $

a I am not receiving welfare or AFDC and I do not intend to apply for welfare or AFDCb I am receiving welfare or AFDC Monthly amount received $c I have applied for welfare or AFDCd I intend to apply for welfare or AFDC


MC-306 [Rev January 1 2007]EMANCIPATION OF MINOR INCOME AND

EXPENSE DECLARATION

Page 1 of 2Family Code sect 7000 et seq


MCndash306

IN THE MATTER OF (NAME) CASE NUMBER

7 The average of my gross monthly earnings is Amounta Salary and wages including bonuses and overtime $

b Money received from parents or other adults me $(name and relationship)

c Other (specify source and amount $

8 I have the following assets Value

a Cash $

b Checking account $

c Savings account $

d Stocks bonds $

e Vehicle (year make model) $

f Other (specify) $

9 My monthly expenses are Amount

a Rent or Mortgage $

b Food $

c Clothing $

d Phone and utilities $

e Vehicle(1) Loan payments $(2) Maintenance $

I declare under penalty of perjury that the foregoing is true and correct

Date

(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)

MC-306 [Rev January 1 2007] EMANCIPATION OF MINOR INCOMEAND EXPENSE DECLARATION

Page 2 of 2

MCndash306

$


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME



DECLARATION OF EMANCIPATION OF MINOR AFTER HEARING

1 This proceeding came on for hearing as followsa Date Time Dept Div Roomb Judge (name)c Present in court

PetitionerFatherMotherProbation officer (name)Social worker (name)County counsel (name)District attorney (name)Other (name and relationship to minor)

Attorney (name)Attorney (name)Attorney (name)

2 THE COURT FINDS THATa Notice was given as prescribed by the courtb Warning has been given to the petitioners

emancipation and the parents may become liable for the minors support and medical coveragec The petitioner is a person described by Family Code section 7120d Emancipation is not contrary to the best interests of the petitioner

3 THE PETITION IS GRANTED THE PETITIONER IS DECLARED TO BE EMANCIPATED FOR THE PURPOSES SET FORTH IN FAMILYCODE SECTION 7050 ET SEQ


[SEAL]

CLERKS CERTIFICATE



Form Adopted by the Judicial Council of CaliforniaMC-310 [Rev July 1 1994]

DECLARATION OF EMANCIPATION OF MINORAFTER HEARING


mother father that a court may rescind the declaration of

Mandatory Form



ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME



EMANCIPATED MINORS APPLICATION TO CALIFORNIADEPARTMENT OF MOTOR VEHICLES

On I was declared to be emancipated for the purposes set forth in Family Code(DATE OF EMANCIPATION ORDER)

section 7050 et seq by order of the Honorable(NAME OF JUDICIAL OFFICER)

Judge of the Superior Court of County(NAME OF COUNTY)

I apply to the California Department of Motor Vehicles for entry of identifying information in its law enforcement computer network andfor inclusion of the fact of my emancipation on any identification card issued to me by the Department

I have attached a certified copy of the Declaration of Emancipation

Date(SIGNATURE OF EMANCIPATED MINOR)

Form Approved by theJudicial Council of CaliforniaMC-315 [New July 1 1994]



Optional Form


Emancipation of Minor Cover Page


PREPARATION

MC-301 Pamphet

MC-300

MC-300

MC-300 1

MC-305

MC-306

mc-306

MC-306 1

MC-310

ME-315


Persons handling their own case called ldquoin propria personardquo or ldquopro perrdquo are required to prepare and present their court documents in complete and proper form without help from court staff The staff of the Superior Court is prohibited by law from giving legal advice or assistance pursuant to Sections 24004 and 68082 California Government Code Questions on legal matters regarding the appropriate form or its proper completion and presentation should be referred to an attorney

PREPARATION You are required to bring in one (1) original plus two (2) copies of all documents Whether typed or hand printed your papers must be completed in blue or black ink be legible and dark enough to photocopy The petitionerrsquos name address and telephone number must be placed in the space in the upper left hand corner of each form Pleadings are to be dated and signed before being presented for filing Each form must have the court name and location in the heading as indicated below

SUPERIOR COURT OF CALIFORNIA COUNTY OF STANISLAUS 1100 I Street PO Box 1098 Modesto CA 95353-1098


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME




















(place) California






MCndash300

Page 1 of 2


STANSLAUS























of 2

MCndash300


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME








Date










Mandatory Form



ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME


Petitioner a minor







4 My occupation is

5

6







EXPENSE DECLARATION



MCndash306






a Cash $


c Savings account $

d Stocks bonds $


f Other (specify) $



b Food $

c Clothing $




Date



Page 2 of 2

MCndash306

$


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME











[SEAL]

CLERKS CERTIFICATE







Mandatory Form



ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME













Optional Form




PREPARATION

MC-301 Pamphet

MC-300

MC-300

MC-300 1

MC-305

MC-306

mc-306

MC-306 1

MC-310

ME-315


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME




















(place) California






MCndash300

Page 1 of 2


STANSLAUS























Page 2 of 2

MCndash300


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME








Date










Mandatory Form



ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME


Petitioner a minor







4 My occupation is

5

6







EXPENSE DECLARATION



MCndash306






a Cash $


c Savings account $

d Stocks bonds $


f Other (specify) $



b Food $

c Clothing $




Date



Page 2 of 2

MCndash306

$


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME











[SEAL]

CLERKS CERTIFICATE







Mandatory Form



ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME













Optional Form




PREPARATION

MC-301 Pamphet

MC-300

MC-300

MC-300 1

MC-305

MC-306

mc-306

MC-306 1

MC-310

ME-315























Page 2 of 2

MCndash300


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME








Date










Mandatory Form



ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME


Petitioner a minor







4 My occupation is

5

6







EXPENSE DECLARATION



MCndash306






a Cash $


c Savings account $

d Stocks bonds $


f Other (specify) $



b Food $

c Clothing $




Date



Page 2 of 2

MCndash306

$


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME











[SEAL]

CLERKS CERTIFICATE







Mandatory Form



ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME













Optional Form




PREPARATION

MC-301 Pamphet

MC-300

MC-300

MC-300 1

MC-305

MC-306

mc-306

MC-306 1

MC-310

ME-315


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME








Date










Mandatory Form



ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME


Petitioner a minor







4 My occupation is

5

6







EXPENSE DECLARATION



MCndash306






a Cash $


c Savings account $

d Stocks bonds $


f Other (specify) $



b Food $

c Clothing $




Date



Page 2 of 2

MCndash306

$


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME











[SEAL]

CLERKS CERTIFICATE







Mandatory Form



ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME













Optional Form




PREPARATION

MC-301 Pamphet

MC-300

MC-300

MC-300 1

MC-305

MC-306

mc-306

MC-306 1

MC-310

ME-315


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME


Petitioner a minor







4 My occupation is

5

6







EXPENSE DECLARATION



MCndash306






a Cash $


c Savings account $

d Stocks bonds $


f Other (specify) $



b Food $

c Clothing $




Date



Page 2 of 2

MCndash306

$


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME











[SEAL]

CLERKS CERTIFICATE







Mandatory Form



ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME













Optional Form




PREPARATION

MC-301 Pamphet

MC-300

MC-300

MC-300 1

MC-305

MC-306

mc-306

MC-306 1

MC-310

ME-315






a Cash $


c Savings account $

d Stocks bonds $


f Other (specify) $



b Food $

c Clothing $




Date



Page 2 of 2

MCndash306

$


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME











[SEAL]

CLERKS CERTIFICATE







Mandatory Form



ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME













Optional Form




PREPARATION

MC-301 Pamphet

MC-300

MC-300

MC-300 1

MC-305

MC-306

mc-306

MC-306 1

MC-310

ME-315


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME











[SEAL]

CLERKS CERTIFICATE







Mandatory Form



ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME













Optional Form




PREPARATION

MC-301 Pamphet

MC-300

MC-300

MC-300 1

MC-305

MC-306

mc-306

MC-306 1

MC-310

ME-315


ATTORNEY FOR (Name)


MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME













Optional Form




PREPARATION

MC-301 Pamphet

MC-300

MC-300

MC-300 1

MC-305

MC-306

mc-306

MC-306 1

MC-310

ME-315

Revised 7/12 Emancipation of Minor Packet - stanct.org · Revised 7/12 . Emancipation of Minor...

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Transcript of Revised 7/12 Emancipation of Minor Packet - stanct.org · Revised 7/12 . Emancipation of Minor...