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Laws - View Law: Emancipation |
The Arizona Legislature passed a new law that goes into effect on August 12, 2005 that allows minors to be emancipated. The law can be found at A.R.S. §§ 12-2451 through 12-2456. However, emancipation is a very difficult process that few are eligible for.
Youth can be emancipated if they meet the following criteria:
- At least 16
- An Arizona resident
- Financially self-sufficient.
- Acknowledges in writing that they have read and understand the rights and obligations of emancipation
- The minor is not ward of the court or in the state’s custody.
Minor must demonstrate to the court the ability to:
- Manage financial, personal and social affairs.
- Live wholly independent of parent or guardian.
- Obtain or maintain health care, education, training or employment.
Documentation-- the minor must provide at least one (1) of the following:
- Documentation of the minor’s independent living for at least three consecutive months.
- Statement explaining why the minor believes the home of the parent or legal guardian is unsafe.
- A notarized statement of written consent from the parent or guardian in addition to an explanation by the parent or guardian.
Court Process
- The court has up to 90 days to hear the emancipation request.
- Minor may represent themself or be represented by an attorney.
- The court may appoint a lawyer for the minor.
- At least 2 months before the hearing, the court must notify the minor's parents.
- The parents have up to 30 days to object to the emanicpation.
- The parents may request mediation or the court may order mediation.
Basis for Court decision
- Potential risks and consequences of emancipation.
- The wishes of the minor.
- Opinions and recommendations of the minor’s parents or guardian.
- Financial resources of the minor and the minor’s ability to be financially self-sufficient.
- The employment, education and criminal history of the minor.
Rights of Emancipated Minors -- An emancipated minor is entitled to:
- Enter a contract.
- Sue and be sued.
- Buy and sell real property.
- Establish legal residence.
- Pay child support.
- Incur debts.
- Apply for social services.
- Obtain a job-related license.
- Apply for school.
- Apply for loans.
- Access medical treatment and records.
- Consent to medical treatment.
- A driver's license or non-operating license with the words: Emancipated Minor.
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| Comments |
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On 04/14/09
yuki from AZ said:
getting away from your parents is hard but for some it is better to get away rather then staying with the evil people. if i was in tht situation i would try to stay at a close friends or a different family member. (one who is nice and wont treat you badly...)
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On 04/09/09
Malibu from AZ said:
I am in a bad situation with my parents. I have really no where to go. I know I am young. I need help. (Although I could do the things i wanted, which is not why I want to be on my own.) I'm worried about my safty. I tryed to go to people such as cps, and the police, yet they found no evidence. Therefore the case was dismissed, now it's even worse. My father has relapsed, and I have been in physical danger; all my life before I came to live with him. Is there something else I could do to get out, other then going to cps again??? I need help.
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On 03/24/09
ana from AZ said:
i'm 17 and i have a 4 1/2 month old daughter.over the past 4 yrs, my mom has kicked me out of the house 15+ times. i'm trying to get emancipated, but now my mom is trying to get me to come back cuz she don't want my sis taken away by cps. what do i do?
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On 03/21/09
Jo from AZ said:
Was I ever this young? For those of you who are almost 18 - the emancipation process takes longer than you have to wait anyway - so yes you need to wait. No judge will emancipate you because you "dont get along with" your parents. I wish we could see a few posts from people who would express just HOW difficult it can be to survive and support yourself while finishing school. Judging by some of the grammar, you need to. (That's not mean, just realistic unless you want to flip burgers lifelong). If you have ANY options - get educated and get a career plan before getting out.
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On 03/21/09
AZ from AZ said:
A lot of you seem to be missing a major point of emancipation (and I'm not including obvious abusive cases here) and that it's supposed to be a very LAST DITCH effort when the living situation is "unsafe". Unsafe, legally, would be abusive either environmentally (living in a drug den or such), physically, or sexually. You don't get along with your parents but have a roof over your head, are in school, fed - the courts will laugh and say congratulations, you're a teenager. Being self-sufficient is a major qualifier and many fail on this point. No visible support=do not pass go.
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