US Legal Forms
Legal Resources
Questions & Answers
Minors
Can a minor continue dependency proceedings after marriage in California?

Can a minor continue dependency proceedings after marriage in California?

Full question:

I am 17 years old and I live in California. I married last month with the consent of my mother. I have a dependency proceeding before the court. Can I continue with the dependency proceedings as I am a minor?

Category: Minors
Subcategory: Emancipation of Minor
Date: 04/07/2025
State: California

Answer:

In California, marrying as a minor with parental consent results in automatic emancipation. According to California Family Code § 302, a person under 18 can marry with a court order and parental consent. Once married, a minor is considered emancipated under Cal Fam Code § 7002, which states that a valid marriage emancipates a minor regardless of whether the marriage is dissolved.

As an emancipated minor, you are treated as an adult for certain legal purposes, including dependency proceedings. Therefore, since you are now married and emancipated, you cannot continue with the dependency proceedings.

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

Can a child choose which parent to live with in California?

In California, a child cannot unilaterally choose which parent to live with until they reach the age of 18. However, if a child is 14 or older, their preferences may be considered by the court during custody proceedings. The court will ultimately decide based on the child's best interests, taking into account various factors including the child's wishes, the relationship with each parent, and the stability of each home.

Can a 17 year old choose which parent to live with in California?

A 17-year-old in California can express their preference for which parent to live with, but they do not have the legal authority to make that choice independently. The court will consider the child's wishes, especially if they are 14 or older, but the final decision will be based on the best interests of the child, which includes various factors beyond just their preference.

Can I move out at 17 without parental consent in California?

In California, a 17-year-old cannot legally move out without parental consent. Minors are not considered adults until they turn 18, and thus they require parental permission to live independently. However, if a minor marries, as in the case of emancipation, they may have more legal rights, including the ability to live independently.

What is the age limit for guardianship in California?

In California, there is no specific age limit for guardianship. However, guardianship is typically sought for minors under the age of 18. Once a child turns 18, they are legally considered an adult and guardianship is no longer applicable. Guardianship arrangements can be established for minors who need care and support due to various circumstances.