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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 |
| 46 thru 50 of 125 comments |
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On 11/29/07
evande from AZ said:
i like this law because my mom treats me like crap so with this law i think now i can go live with my aunt
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On 10/26/07
Jessi from AZ said:
Could someone please give me some answers I do not get along with my mother at all. We fight on a consistant basis and I feel I can do nothing right. I have gotten to the point of being so depressed because I feel as if I cant make her happy and be a person she is proud of that I have attempted to commit suicide and have caused myself much physical pain just to escape the emothional abuse I have to go thru on a regular basis. I only have three months till I turn 18 but Im really not sure I can even make it that long. Is there any way to gain adulthood very soon. PLEASE HELP ME!!!
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On 10/26/07
Jessi from AZ said:
My mother and I constantly are fighting and I only have three months until I am eighteen but wish to be emancipated now due to emotional abuse that is causing me to much grief. I am a good student and maintain a high gpa along with working. Is there a way that within the next few weeks I could be emancipated?
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On 10/24/07
trish from AZ said:
I have a son 16 and 9 months who wants to b emancipated but does not go to school, has no job, is so into his girlriend and wont listen to his parents at all. Her family is telling him he can be emancipated if we agree to it, is this true.......what can we as parents do.
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On 10/05/07
from AZ said:
I hate my live I wish the cops would just leave me alone.
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| 46 thru 50 of 125 comments |
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