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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 03/05/08
brina from AZ said:
i hate my parents and i want to leave but they wont let me. why do they have to consent to it?. people shouldnt have to live where they dont feel welcomed. when young adults have a place to go besides there onw home they should be able to leave when they want. and why do we have to be 16? in the state of california people have to be 14 wich i think should be the law every where. if i get a jod live with my sisetrs go to school, ill be well cared for, does anyone see the harm in that? the law should be CHANGED!.
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On 02/26/08
sarah from AZ said:
No hun, you are not automatically emancipated. I am an emancipated minor, and I know the laws of emancipation well. Wether or not your pregnant, doesn't make a difference.
The only way you can become automatically emancipated without going through the legal/court process, is if you were to get married.
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On 02/01/08
from AZ said:
I think the rules of the law need to be met before a person is emancipated. I didn't see anything having to do with pregnancy.
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On 01/31/08
Kristy from AZ said:
I was wondering if a under age minor is pregnant is she automatically considered emancipated???
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On 01/13/08
beth from IN said:
hi my name is really bethany but i can't fit it in the name box! my dad is a person who is an all about me person. he dosent understand that i am almost 18 this year and he thinks that i am five. well i told him that once i turn 18 he can't control what i do and then he went on to say that even though i am 18 and a legal adult i still have to listen to him and do what he says. how can i get him to understand that once i turn 18 he is no longer going to be able to "rule" me! how can i get him to understand? please help me get him to understand i am not 5 anymore!
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