BONNIE P. v. Superior Court
Opinion
Opinion
McCONNELL, J.
In this case, the trial court granted the petition of Jacqueline P. for a declaration of emancipation under Family Code section 7120. We conclude the court erred by not swearing in the witnesses, and in any event, even if we consider their statements valid testimony, substantial evidence does not satisfy the statutory criteria: Jacqueline is willingly living apart from her parents, Gary P. and Bonnie R, but without their consent or acquiescence, and she is not managing her own financial affairs. (§ 7120, subd. (b)(2) & (3).) Accordingly, we grant the parents writ relief.
FACTUAL AND PROCEDURAL BACKGROUND
On April 30, 2005, Jacqueline, at age 16, gave birth to a daughter. Jacqueline then left Bonnie’s home and began living with her boyfriend and the baby’s father, Rafael R, and his parents, Josephine P. and Rafael P. (Rafael Sr.).
On May 19, 2005, Jacqueline filed a petition for a declaration of emancipation under section 7120. The petition stated she was managing her own financial affairs and began living apart from her parents on May 2, 2005, but not with their consent. An accompanying income and expense declaration stated she worked at a grocery store for about three…