Since I’m a minor, can I legally move out of my parents’ house and live alone?

Full question:

I’m a 15-year-old living with my parents in Los Angeles, California. I am one of the main actors in a successful television show and is paid well. My parents want me to start focusing on school but I want to continue acting. My parents gave me an ultimatum to either quit acting or move out of their house. Since I’m a minor, can I legally move out of my parents’ house and live alone?

  • Category: Minors
  • Subcategory: Emancipation of Minor
  • Date:
  • State: California

Answer:

The age of majority in California is 18. However, emancipation is a legal process by which a minor can be legally free from their parents or guardians. A minor who is emancipated has the same rights and duties as an adult. In California, a minor may be emancipated by a court declaration of emancipation under the Emancipation of Minors Law, California Family Code 7000.

According to California law, to be declared emancipated by a judge, a minor has to fulfill all of the following requirements:
  • The minor must be at least 14 years old.
  • The minor must be willing to live apart from their parents, with the parents’ permission or the parents must not be actively trying to get the guardianship of the minor back.
  • The minor can manage their own finances.
  • The minor’s source of income does not come from any illegal activity.
  • Emancipation is in the minor’s best interest.
In order to get emancipated, the minor needs to fill and complete certain forms from the court clerk’s office as well as file a petition for declaration of emancipation of minor in the county in which the minor live in. Once a minor is emancipated, the parents of the emancipated minor do not have custody over the minor and the minor can do certain things without parental permission, like getting medical care, applying for a work permit, and sign up for school or college. However, an emancipated minor must go to school, must get parental permission before getting married, and will go to juvenile court if they break the law.

Here, the best recourse seems to be to file a declaration of emancipation of minor in the county in which you live, so that a judge can emancipate you.
 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, child actors typically receive their earnings directly, but the money is often managed in a trust account until they reach adulthood. In California, the Coogan Law protects a portion of a child actor's earnings, ensuring that 15% of their income is set aside for their future. This law aims to prevent parents from mismanaging or misusing the child's earnings.