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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
      56 thru 60 of 125 comments    ...  11  [ 12 ]  13   14   15  ...   
      On 08/02/07
      Tasha from AZ said:
      Hi my name is Tasha I have this really big problem at home see my mom has this boyfriend who is verbally abusive and my mom never does anything about it, but I can't live with my dad cause he lives 3 hours away and ive already started high school and have a life down here in AZ with all my friends, would there be anyway possible that I can get emancipated a little early? My birthday is in Jan but I don't think I can wait that long..
      On 07/16/07
      Kitten from AZ said:
      Take the parents to court show that they are unfit to have you live with them and that you would perfur to live with your Aunt.
      On 06/18/07
      dannii from AZ said:
      well me and my mom got into a huge fight becasue she treats me like the slave of the house and my aunt came to pic me and im staying with her...when i lived with my mom i attempted suicide quite a few times but since i've been here im happy and i feel like im loved and i love it here...my aunt and uncle both want me here but my dad has full custody of me...but they bith are unfit parents so is there anyway i can be emanicapted??? someone please help me
      On 06/06/07
      Julie from WA said:
      My 17 yr. old niece wants to move to CA with my husband & I and we would love nothing more than to be make that happen. Her parents are divorced and she lives with her dad(my brother). He is at this point not willing to consider this option, even though his daughter is not happy living with him and has attempted suicide several times, is depressed and extremely unhappy. What are my legal options as a relative to provide substitute care for my niece?
      On 06/05/07
      heathe from AZ said:
      I am seventeen and turn eighteen in 8 months...i am an A-B student and have plans for college. I have a job and have a place I can live in. My mom is very permiscous and brings guys home. my friends can't come over, if they do they have to hear my mom haveing sex with a guy. She is gone during the day and some weekends. she also has valley fever-menengitis. She causes me a lot of stress in which cause my seizures. My dad lives in new york and I never knew him. I feel as if I am already on my own. I pay my own cell phone bill and for my transportation. Is there any way I can get emancipated?
      56 thru 60 of 125 comments    ...  11  [ 12 ]  13   14   15  ...   



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