CHAPTER 3. Court Declaration of Emancipation [7110. - 7143.]
Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10.
§§ 7110–7143 · 16 sections
ARTICLE 1. General Provisions §§ 7110–7111 · 2 sections
- § 7110 It is the intent of the Legislature that proceedings under this part be as simple and inexpensive as possible. To that end, the Judicial Council is requested…
- § 7111 The issuance of a declaration of emancipation does not entitle the minor to any benefits under Division 9 (commencing with Section 10000) of the Welfare and…
ARTICLE 2. Procedure for Declaration §§ 7120–7123 · 4 sections
- § 7120 (a) A minor may petition the superior court of the county in which the minor resides or is temporarily domiciled for a declaration of emancipation. (b) The…
- § 7121 (a) Before the petition for a declaration of emancipation is heard, notice the court determines is reasonable shall be given to the minor’s parents, guardian,…
- § 7122 (a) The court shall sustain the petition if it finds that the minor is a person described by Section 7120 and that emancipation would not be contrary to the…
- § 7123 (a) If the petition is denied, the minor has a right to file a petition for a writ of mandate. (b) If the petition is sustained, the parents or guardian have a…
ARTICLE 3. Voiding or Rescinding Declaration §§ 7130–7135 · 6 sections
- § 7130 (a) A declaration of emancipation obtained by fraud or by the withholding of material information is voidable. (b) A declaration of emancipation of a minor who…
- § 7131 A petition to void a declaration of emancipation on the ground that the declaration was obtained by fraud or by the withholding of material information may be…
- § 7132 (a) A petition to rescind a declaration of emancipation on the ground that the minor is indigent and has no means of support may be filed by the minor declared…
- § 7133 (a) Before a petition under this article is heard, notice the court determines is reasonable shall be given to the minor’s parents or guardian, or proof shall…
- § 7134 If the petition is sustained, the court shall forthwith issue an order voiding or rescinding the declaration of emancipation, which shall be filed by the clerk…
- § 7135 Voiding or rescission of the declaration of emancipation does not alter any contractual obligation or right or any property right or interest that arose during…
ARTICLE 4. Identification Cards and Information §§ 7140–7143 · 4 sections
- § 7140 On application of a minor declared emancipated under this chapter, the Department of Motor Vehicles shall enter identifying information in its law enforcement…
- § 7141 A person who, in good faith, has examined a minor’s identification card and relies on a minor’s representation that the minor is emancipated, has the same…
- § 7142 No public entity or employee is liable for any loss or injury resulting directly or indirectly from false or inaccurate information contained in the Department…
- § 7143 If a declaration of emancipation is voided or rescinded, notice shall be sent immediately to the Department of Motor Vehicles which shall remove the…