Form EM-100 Petition for Declaration of Emancipation of Minor, Order Prescribing Notice, Declaration of Emancipation, and Order Denying Petition - California

Form EM-100 or the "Petition For Declaration Of Emancipation Of Minor, Order Prescribing Notice, Declaration Of Emancipation, And Order Denying Petition" is a form issued by the California Superior Court.

The form was last revised in September 1, 2018 and is available for digital filing. Download an up-to-date Form EM-100 in PDF-format down below or look it up on the California Superior Court Forms website.

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EM-100
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE BAR NUMBER:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
IN THE MATTER OF (name):
Petitioner, a minor
PETITION FOR DECLARATION OF EMANCIPATION OF MINOR
CASE NUMBER:
ORDER DENYING PETITION
ORDER PRESCRIBING NOTICE
DECLARATION OF EMANCIPATION
1.
My name:
My address:
I am a resident of or temporarily domiciled in this county.
2.
I request that the court declare me to be emancipated.
3.
a.
I am at least 14 years of age and my date of birth is:
I am willingly living separate and apart from my parents or legal guardian, with the consent of my parents or legal guardian. I
b.
have 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 EM-115 and
attached it 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 States.
4.
My mother's name is:
Her address is:
Her consent to my emancipation is attached.
Notice to her should not be required because (state reasons):
5.
My father's name is:
His address is:
His consent to my emancipation is attached.
Notice to him should not be required because (state reasons):
6.
I have a legal guardian.
My guardian's name is:
My guardian's address is:
My guardian's consent to my emancipation is attached.
Notice to my guardian should not be required because (state reasons):
7.
Other person entitled to notice.
This person's name is:
This person's address is:
This person's consent to my emancipation is attached.
Notice to this person should not be required because (state reasons):
8.
I am a
dependent child
[probation] ward of the Juvenile Court of
County.
Case 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
, California.
(place):
Date:
(SIGNATURE)
Page 1 of 2
Form Adopted for Mandatory Use
PETITION FOR DECLARATION OF EMANCIPATION OF MINOR,
Family Code § 7000, et seq.
Judicial Council of California
www.courts.ca.gov.
ORDER PRESCRIBING NOTICE, DECLARATION OF
EM-100 [Rev. September 1, 2018]
EMANCIPATION, AND ORDER DENYING PETITION
EM-100
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE BAR NUMBER:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
IN THE MATTER OF (name):
Petitioner, a minor
PETITION FOR DECLARATION OF EMANCIPATION OF MINOR
CASE NUMBER:
ORDER DENYING PETITION
ORDER PRESCRIBING NOTICE
DECLARATION OF EMANCIPATION
1.
My name:
My address:
I am a resident of or temporarily domiciled in this county.
2.
I request that the court declare me to be emancipated.
3.
a.
I am at least 14 years of age and my date of birth is:
I am willingly living separate and apart from my parents or legal guardian, with the consent of my parents or legal guardian. I
b.
have 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 EM-115 and
attached it 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 States.
4.
My mother's name is:
Her address is:
Her consent to my emancipation is attached.
Notice to her should not be required because (state reasons):
5.
My father's name is:
His address is:
His consent to my emancipation is attached.
Notice to him should not be required because (state reasons):
6.
I have a legal guardian.
My guardian's name is:
My guardian's address is:
My guardian's consent to my emancipation is attached.
Notice to my guardian should not be required because (state reasons):
7.
Other person entitled to notice.
This person's name is:
This person's address is:
This person's consent to my emancipation is attached.
Notice to this person should not be required because (state reasons):
8.
I am a
dependent child
[probation] ward of the Juvenile Court of
County.
Case 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
, California.
(place):
Date:
(SIGNATURE)
Page 1 of 2
Form Adopted for Mandatory Use
PETITION FOR DECLARATION OF EMANCIPATION OF MINOR,
Family Code § 7000, et seq.
Judicial Council of California
www.courts.ca.gov.
ORDER PRESCRIBING NOTICE, DECLARATION OF
EM-100 [Rev. September 1, 2018]
EMANCIPATION, AND ORDER DENYING PETITION
EM-100
NAME OF MINOR
CASE NUMBER:
ORDER PRESCRIBING NOTICE
9.
The court finds that
a.
All persons entitled to notice of this proceeding have consented to the emancipation and waived notice of hearing.
b.
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 given:
d.
Other (specify):
10.
IT IS ORDERED that notice of this proceeding
a.
is not required. The declaration of emancipation may proceed without hearing.
b.
is required to the following persons:
(1)
Father
(4)
Juvenile Court of
County
for service on social worker or probation officer
(2)
Mother
(3)
Legal guardian
(5)
Legal guardian
This matter is set for hearing on (date):
at (time):
in (dept.):
c.
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
waived by 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 IN
FAMILY 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 7120.
THE PETITION IS DENIED.
Date:
(JUDGE OF THE SUPERIOR COURT)
[SEAL]
CLERK'S 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
EM-100 [Rev. September 1, 2018]
PETITION FOR DECLARATION OF EMANCIPATION OF MINOR,
Page 2 of 2
ORDER PRESCRIBING NOTICE, DECLARATION OF
EMANCIPATION, AND ORDER DENYING PETITION
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Download Form EM-100 Petition for Declaration of Emancipation of Minor, Order Prescribing Notice, Declaration of Emancipation, and Order Denying Petition - California

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