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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
      31 thru 35 of 125 comments    ...  6  [ 7 ]  8   9   10  ...   
      On 04/16/08
      andrew from AL said:
      i left home because of abusive parents
      On 04/14/08
      James from AZ said:

      If you dont have a significant reason, other than you really cant stand your parents, will the court rule in your favor? I've just started a steady job that doesnt have benefeits, but i'd easily be willing to change in order to get them. The fact is, im grounded for stupid, insignificant reason and my mom doesnt believe anything i say, and its hard to be reasonable with her. My dad lives out of the country and isnt really here too often. I dont know, i just personally feel that i could care for myself, and the fact is that i want to.

      On 04/11/08
      J.C from AZ said:
      i wonder if it was possible for someone younger than 16 to get emancipated?? if the situation is bad enough and the person can take care of him or herself
      On 04/04/08
      April from AZ said:
      I was emancipated in '07 and I can tell you that I had enough proof that I was abused and neglected by my parents at the age of 16. I got emancipated within 2 months of my parents doing that. There is a process of having to wait 3 months, but mine was done in 2 because my parents actually signed the papers. If you can get your parent(s) to sign that paper and get it noterized you can get your time shortend. All you have to do is be sure that you have everything planned out really well because the court systems are not leinent. At all.
      On 03/09/08
      jessic from AZ said:
      i want to be emancipated i have both physical and menatel proof that my mom has aused and neglescted me for 16 years do you think i can
      31 thru 35 of 125 comments    ...  6  [ 7 ]  8   9   10  ...   



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