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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
      41 thru 45 of 125 comments    ...  6   7   8  [ 9 ]  10  ...   
      On 01/09/08
      Molly from IN said:
      My dad just moved to Arizona and this summer I am supposed to go down there. He moved there because he is trying to get full custody of us kids...but I need to get away from my mom before that would be finalized so I want to get emancipated and I am planning on moving there this summer and finding a job. when I get emancipated I would have a place to live but I dont know how to get the process started...
      On 01/07/08
      kristy from AZ said:
      If I were to be emancipated I would have a place to live. My boyfriends family is like my second home. My mother doesnt approve of anything I do, due to past mistakes that I have made. I know i couldnt get her to ever agree to emancipate me. However my father would. Is there a way to get around this and still be emancipated.
      On 12/23/07
      allie from AZ said:
      i believe i should be allowed to live on my own, my father is an over controlling alcoholic who tries to dictate everything i do. my brother who is 19 moved out as soon as he can because he believes my dad is insane. every one who has met him says he has a problem, he needs to know where i am who im with every second of the day. he calls me non stop and every day he starts fights with me, when i dont do anything wrong at all! when i say im sick he ignores me, a few months ago i had mono and strep throat at the same time and i had to be rushed to the hospital. i need help. really really bad.
      On 12/04/07
      Jay from AZ said:
      Man, I honestly think that 16 should be the legal age for being an adult... well atleast for them to move out their parents house... especially when someone that wants to, needs support... because their family isnt doing anything for them!! and they have someone that cares for them and would take them in, like a true family should!!
      On 11/29/07
      Robert from AZ said:
      I only have a couple more weeks tell i am 16 and can get emancipated but i don't know if i can because i am on probation and i have a record
      41 thru 45 of 125 comments    ...  6   7   8  [ 9 ]  10  ...   



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