Article 3 - Voiding or Rescinding Declaration

California Family Code — §§ 7130-7135

Sections (6)

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

(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 is indigent and has no means of support is subject to rescission.

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

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 filed by any person or by any public or private agency. The petition shall be filed in the court that made the declaration.

§ 7132

Amended by Stats. 1993, Ch. 219, Sec. 158. Effective January 1, 1994.

(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 emancipated, by the minor’s conservator, or by the district attorney of the county in which the minor resides. The petition shall be filed in the county in which the minor or the conservator resides.

(b)The minor may be considered indigent if the minor’s only source of income is from public assistance benefits. The court shall consider the impact of the rescission of the declaration of emancipation on the minor and shall find the rescission of the declaration of emancipation will not be contrary to the best interest of the minor before granting the order to rescind.

§ 7133

Amended by Stats. 1993, Ch. 219, Sec. 159. Effective January 1, 1994.

(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 be made to the court that their addresses are unknown or that for other reasons the notice cannot be given.

(b)The notice to parents shall state that if the declaration of emancipation is voided or rescinded, the parents may be liable to provide support and medical insurance coverage for the child pursuant to Chapter 2 (commencing with Section 4000) of Part 2 of Division 9 of this code and Sections 11350, 11350.1, 11475.1, and 11490 of the Welfare and Institutions Code.

(c)No liability accrues to a parent or guardian not given actual notice, as a result of voiding or rescinding the declaration of emancipation, until that parent or guardian is given actual notice.

§ 7134

Amended by Stats. 2002, Ch. 784, Sec. 108. Effective January 1, 2003.

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 of the court.

§ 7135

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

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 the period that the declaration was in effect.