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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
      16 thru 20 of 125 comments     1   2   3  [ 4 ]  5  ...   
      On 11/10/08
      Erica from AZ said:
      iM 15 N WiLL B3 16 iN 7MONTHS! i WANT TO B3 3MANCIPAT3D N MY PAR3NTS DO TOO..N TH3Y SAiD TH3Y WiLL SiGN OR GO ALONG WiTH THAT3V3R..TH3Y TH3 ON3S THAT SAiD TH3Y WAN3D TO DO iT..TH3Y BROUGHT iT UP..i DiDNT 3V3N KNOW WHAT iT WAS..SO DO YU THiNK TH3 COURT WiLL SAY NO..iS ANYON3 ON THiS SiT3 3MANCIPAT3D??
      On 11/04/08
      Cassie from AZ said:
      Ok so Im 15. I want to get emancipated. But I know my mom wont agree to it, nor my father. There getting a divorce and telling the courts they don't have kids so that they dont have to take parenting classes. Im sick of them, my mom is always taking my meds. From the dentist- because she cant afford my dental I need 7 root canals and 4 fillings and 13 caps. Im in so much pain. I cant live with my dad because he drinks and shoots up. My mother also drinks and buys drugs online. I turn 16 in 4 days and I have had a job for 1 month and a half. I get A's in school.Do you think that would be lagit?
      On 10/22/08
      Morgan from AZ said:
      I am 15 I live with my dad and we sometimes do and don't get along with eachother but I want to live on my own it just seems it will be better for the both of us should I get emancipated?
      On 10/22/08
      Stormi from AZ said:
      Im 16 and i want to get emancipated because my parents and i dont get along at all. we dont agree on anything and i hardly talk to them anymore. i told them i was going to get emancipated but they said they will never agree to it. Can they stop me from getting emancipated?
      On 10/09/08
      shirle from SC said:
      i lived in south carolina with my mom, i was taking my mother who had been dianoised with early stages of dimenia and was having a some pretty bad days . i was the only one there for my mom not to make excuses for myself. on the way from the doctor something happened to me, i can't explain what happen but i ran into a ditch when i came to we was in the ditch. two weeks later my mom died. my sisters hired a lawyer because they felt my mother did not get the proper treatment. the lawyer says their is a law preventing me from recieving any funds from insurance.would you know about this law.
      16 thru 20 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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