The California statute is reproduced in relevant part below and follows the usual criteria found in most states in the United States.
Some of the criteria are the minor has financial independence, exhibits sufficient maturity, lives apart from parents, has decision making capacity or attends school or has already received a diploma or achieved some equivalent proof of both maturity and ability to fend for him or herself. Criteria for determining if emancipation is in the minor’s best interest vary among the states. Once emancipation is granted, the parent is no longer legally responsible for the acts of the child. Emancipation laws vary from state to state. In order to obtain emancipation, the minor should file a petition with the family court in the applicable jurisdiction, formally requesting emancipation and citing reasons why it is in their best interest to be emancipated. Normally, the circumstances in which a minor becomes emancipated are enlisting in the military, and marriage. However, in special circumstances, a minor can be freed from control by their guardian before attaining majority. Minors are under the control of their parents or legal guardians until they attain the age of majority. People under the age of eighteen are referred to as minors. The term may also refer to freeing the earnings/income of a child from the control of a parent. Emancipation refers to a legal process of freeing a minor from parental control. However, this control and responsibility may be cut short by the legal process known as emancipation. Only upon reaching the age of eighteen years does the child become an adult and no longer subject to parental control. The parent also has control over the conduct and actions of the child and such control is normally enforced by the Courts and the police if necessary. A parent is not only legally responsible for the support and well being of his or her children, but is legally responsible to third parties for various torts the child may have committed.
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