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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.

      Comments
      6 thru 10 of 125 comments     1  [ 2 ]  3   4   5  ...   
      On 03/17/09
      LJ from AZ said:
      Do any of you actually READ what it said above? If you are in AZ you must be 16. The first sentence states it is very difficult to get emancipated, also if you can put your cursor over where it states the law can be viewed at click on that, it gives more details than what is posted up top. For the 16 1/2 pregnant girl, no being pregnant and a mother does not qualify you, you are still a minor living in your parents home. good luck to all of you
      On 03/03/09
      Braden from AZ said:
      Is a hearing required in az, or no? can the udge just sign it?
      On 03/02/09
      jon from UT said:
      my girlfriend is 17 and her parents are letting us get married. But for the past 7 months they have been verbably,emotionlly and physically abusive to her for sleeping with me. And its geeting werse. Can she leave her house and is there anything her parents can do to me and her?
      On 02/22/09
      Mrs. B from AZ said:
      I am fighting to assist a child in emancipation. She is adopted, along with her brothers and sister. She is 17. Her mother has provided an abusive situation, and when threatened that AZ CPS authorities may interfere, has opted to home school her. The child cannot leave home due to disability. Who can help me help her? I will give her a home, financial backing, and take her to and from school.
      On 02/06/09
      kristi from AZ said:
      im 16 going to be 17 in 4 monthes i do not wana live with my guardians anymore im always depressed and they put me down all the time i hate it but they havent adopted me and so the state makes my decisions it says i cant be mancipated is there anyway i could go around that?i have great grades and have a place to live and money i get everymonth will help with rent my parentsagreed to let me go how can i get around the state? or can they give e permission to emancipate myself from here.
      6 thru 10 of 125 comments     1  [ 2 ]  3   4   5  ...   



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