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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 |
| 26 thru 30 of 125 comments |
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On 07/13/08
teanna from AZ said:
hey im 16 and i was wondering what is the process of being emancipated.? i am verbaly abused by both my mother and my step father. they both are never there. and feel i should do everything. i am a bi-sexual, and they are always verbaly abusing me about the way i am.
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On 07/11/08
justin from AZ said:
If your dad throws you into walls and cusses you out 24/7 would i be able to go to my aunts house then try to get emancipated or do i have to stay with him until i get the court hearing?
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On 06/27/08
Ceci from AZ said:
I need to know more info about when you are residing away from legal guardians before the emancipation. i need to know the certain criteria about where the minor must live. if it is alone or with another family member or friend.
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On 05/01/08
Alex from AZ said:
i use to live with my mom but i would get hit by her boyfriend all of the time. so i moved in with my dad and step mom. it turned out to be the same im so lost, i need help, i use to cut all of the time, i would cut untill i pased out. i havent cut in months but i dont know how much longer it will last. i planed doing it tonight but i stoped my self. my parents say that i am worthless and i am more of a room mate to them, no longer a son.
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On 04/23/08
alexis from AZ said:
hey ive wanted to be out of my house for a while now and move back to my old town sierra vista. my parents are seperated and i lived with my dad for a while but was sexually assaulted by a student while i was there.
i dont get along with my mom,we constantly argue and i have thoughts of suicide and continue my habit of cutting when im home.
can she just give me permission to leave and live with my friend, with a spare bedroom.id go to school get a job and graduate early. what can i do
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