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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 |
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On 10/07/08
jessie from AL said:
well i am 17 and will be 18 in 2mths and me and my mother can't stand each other and she want let me move out i have a 2yr old little boy and she says that if i try to move out when i turn 18 with him she will take him what am i suppose to do?
is it legal 4 me to leave with my child as soon as my birthday gets here??
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On 10/06/08
fay from AZ said:
what if the people you live with wont let me move out and be on my own for three months? what am I supsosed to do.
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On 10/02/08
speed from AZ said:
My dad verbally abuses me and i know i can take care of myself. I take care of my mom, dad, and myself so if i can do that i know i can live and support myself. A conseluer at my school said that i can start the emancipation process at 14 but everywhere i have looked it says you have to be 18. Who do I believe??? I don't have a technical job right now but someone gives me 70 a day for helping them out with some stuff. I get about $150 a week working only 2 days and could make as much as $220 a week from this so called job and i know i would be able to live without them. What do i do?????
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On 09/10/08
Mel from AZ said:
I am a minor in Arizona and I have filed for emancipation. My court date was set and everything. I had lived on my own for 8 months without my parents or anything. I maintained a job and had an apt with a roommate. As soon as my parents found about my emancipation I was arrested as a runaway. They took me hom and released me to my parents. Then me and my father got into an argument and i wound up kiking a hole in the wall.(me and my dad fight often)I was arested and was in Jail for 2 months and now living in a group home. Is my emancipation still possible even though all this has hapned? -Thx
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On 08/06/08
Hayley from AZ said:
If you are abused they'll prolly put you in custody or take you away from yuor parents.. that's not a good excuse to be emancipated.. My friend tried it and she was taken away from them they wouldn't let her get meancipated..
VVVVVVVVVVVVV
Sorry
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