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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 |
| 51 thru 55 of 125 comments |
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On 10/01/07
Steph from AZ said:
My name is stephanie im 17 and i have a month and a half old son, My mom doesn't give a damn about me, just my son, I was recently raped and she said she doesn't care, nice eh? well I'm going to go through with emancipation so me and my son can start our own life and i can actually be happy. But I was wondering how many people have actually followed through with it, and got emancipated?
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On 08/27/07
Sarah from AZ said:
Hey Krissy!This message is for you.You know I was raised by my grandma.She adopted me when I was 3!She passed away last year.And It seems like it was yesterday.I felt the same you feel with my grandma.But you should think positive. love her and respect her to the fullest.she loves you.She just wants the best for you.remember shes not gonna live forever.So have many Good days with her and do what ur told!I hope what Ive told you you take it serious and keep what Ive told you in mine.Be thankful for everything you have and all the things shes none for you.If you want to talk just post a comment!
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On 08/24/07
krissy from AZ said:
i am 16 and my grandparents have guardian ship of me. But my grandma is always making me feel useless and implys that it was a mistake bringing me here. How would i become my own boss. I dont think i can deal with this much longer.
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On 08/13/07
sarah from AZ said:
Im 16 and i have a child whose 5 months.my grandma who adopted me has past away and i have my aunt who has guardian ship of me.But does not live with her since i was pg.How do I get help to be my own boss?
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On 08/08/07
nykee from Othr said:
i live with my father. i do not enjoy living there! i want to be with my mother and my father will not alow me to he always says "your mother signed a contract saying that you cannot choose" but my mom says contracts can be broken. i wannna no, can they really?
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