CALIFORNIA EMANCIPATED CHILDREN: What does it mean when a child is considered legally "emancipated" in California? How does this affect a child's injury settlement from an accident in California?

Under California law, if a minor child is legally emancipated from his or her parents, which means that the parents have relinquished control of the minor child and his or her earnings, then the child may be deemed “emancipated” under California Family Code Section 7504.123. In such rare cases, the minor may sue or be sued in his or her own name, and may engage in the court approval process as regard his or her own bodily injury settlement, without appointment of a guardian ad litem (GAL).

You should know, that if a child is emancipated in California, then technically no GAL is needed to be appointed by the California court for that child's bodily injury settlement. However, this is a rare occurrence so it really never becomes an issue.  For more information on this, you can call me directly at (619) 813-7955.

Legal Research for the above FAQ:  Standard California Codes, Family Code Section 7504, Relinquishment of Right to Control Child’s Earnings, Division 12, Part 1, 231. 124 See Jolicoeur v. Mihaly (1971) 5 C3d 565, 582, 96 CR 697, 707, fn. 12.