INSTRUCTIONS: PETITION FOR DECLARATION OF EMANCIPATION OF MINOR (MC-300)
“Petition for Declaration of Emancipation of Minor MC-300 Step 1”
Fill out all information the petition asks for, and make sure you sign the petition and write the date. You’ll have to attach the following forms to the petition as well:
· Emancipation of Minor Income and Expense Declaration MC-306
· Notice of Hearing — Emancipation of Minor MC-305
· Declaration of Emancipation of Minor After Hearing MC-310
Local courts may require additional forms as well. Research your local court under the following link: https://www.courts.ca.gov/find-my-court.htm
“Petition for Declaration of Emancipation of Minor MC-300 Step 2”
Write a statement to the court explaining the following:
· How you live
· Why you’re seeking emancipation
· How you support yourself
· How you support your children if you have any
If you have parents, tell the court when you last saw them. If you don’t want to tell your parents about the petition, explain to the court why.
“Petition for Declaration of Emancipation of Minor MC-300 Step 3”
Have your paperwork reviewed by the family law facilitator or the self-help center to make sure you filled out the paperwork correctly.
“Petition for Declaration of Emancipation of Minor MC-300 Step 4”
Make copies of your forms and statements and ask the court clerk how many copies you need for each form. Ask the clerk how the court handles your specific emancipation.
“Petition for Declaration of Emancipation of Minor MC-300 Step 5”
Ask your clerk if you need a hearing or not. Some counties require a hearing in all cases, and other counties only require a hearing if the parent do not agree to the emancipation.
“Petition for Declaration of Emancipation of Minor MC-300 Step 6”
You’ll most likely have to give notice to your parents or guardian. You need someone 18 or older to serve form MC-305 to the parent or guardian and then fill out Proof of Service POS-040.
“Petition for Declaration of Emancipation of Minor MC-300 Step 7”
Before the court hearing, fill out Declaration of Emancipation of Minor After Hearing MC-310. Fill out the top of the form and the judge will fill out the rest.
“Petition for Declaration of Emancipation of Minor MC-300 Step 7”
If the judge approves the emancipation, take the forms back to the clerk and get certified copies.
