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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
      11 thru 15 of 125 comments     1   2  [ 3 ]  4   5  ...   
      On 01/28/09
      Shelby from AZ said:
      I am 15 and will be 16 in nine months. I want to move out of my moms house, but I know she won't agree to it. We are always fighting and I am depressed. I can't go live with my dad because he drinks and we fight even more. I need to know if I get emacipated, can I live with someone else or would I have to get my own place? And how much would I have to earn a month to support myself. I currently have a job. Will the courts even consider it?
      On 01/27/09
      from AZ said:
      I am 16 1/2 I am pregnant and will be having my baby in 4months. Does my pregnancy or being a mother qualify me for emancipation?
      On 01/14/09
      zach from ME said:
      I'm slowly learning all the legal requirments for my emancipation. My parents never got married or even got together, I'm considered a mistake. My parents have been fighting over my costody for as long as i can remember. Just need some more advice as i can do is lean on myself.
      On 01/08/09
      Stacey from AZ said:
      I'm 16 years old and i want to get emancipated. I am looking up on the internet on how to do so and i was wondering who has gotten emancipated and what they did so i can use some help
      On 01/02/09
      tina from NY said:
      hey my name is christina && i live in new york. i wnat to get out of my house. im going to be 17 next month. theres alwAys cops coming to my house && my mom is allways cursin me telling me she dont want me in the house. i have a job & i go to school. can someone tell me wat to do. because my mom dont want me, and i dont want to go to a foster care and she turned everyone in my family against me. what can i do? can someone please give me advice?
      11 thru 15 of 125 comments     1   2  [ 3 ]  4   5  ...   



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      Disclaimer: The information contained in this site is made available as a public service to the general public and is not intended to serve as legal advice. You should consult a trained legal professional for questions you may have about the laws affecting juveniles or any legal interpretations.

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