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.
On 02/14/07 Tiffany from AZ said:
Andrea from AZ who want's to go with her dad:
If your dad wants to take you in and have full costody, just have him go to the courts and appeal for full custody. Since your 16, you have a say in who u live with, unless he can't support you finacily(sp). If that's the case, then I'm sorry and I understand completly.
On 02/12/07 Kimberley from AZ said:
I am 15 and graduating a year early from high school. When I graduate will be only 16. I am planning to move to PHX to continue my schooling. If I can't do or get anything on my own because my parents live upstate and they can't go with to PHX and I know that I am able to take care of myself. Could i still be emancipated?
On 01/19/07 Tomi from AZ said:
im 15 but turning 16 this noveber and my mom & dad have been (in the past) phisically abusive to me and are still vebally abusive and i have every thing to be emancapated. I was wondering if i could do it a little earier?
On 01/17/07 lauren from UT said:
hello i need help... im 16 i have been with my boy friend for about 3 years... i lived with him in arizona for about 6 months then we moved to my dads house in utah.. and my dad treats me bad he does not pay for anything that i need he wont take me to the doc. or dentist. im better off out on my own he yells at me everyday i have a job i make my own money. pay for my own food.... i need help to get emancipated and me and my boyfriend want to move back to arizona but i dont wnat to get in trouble if i leave utah can anyone help me or anyhting please... thank you
On 01/08/07 Gaby from AZ said:
My name is Gaby and I am 16 however am going to be turning 17 in a couple of weeks. My mother currently has custody of me however she is verbally abusive and in the past has been physically abusive to me. She does not let me nor my younger siblings see my father. Can I get emancipated from one parent and not the other?
Disclaimer: The information contained in this site is made available
as a public service to the general public and is not intended to serve
as legal advice. You should consult a trained legal professional for
questions you may have about the laws affecting juveniles or any
legal interpretations.