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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 |
| 66 thru 70 of 125 comments |
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On 12/29/06
Justin from AZ said:
My girlfriend sara is 17 and her parents are divorced. Her dad has custody of her in colorado, but she has been living with her mom and 9 year old sister. She says she won't live with her dad. But I don't think her mom is much better, she lives from boyfriend to boyfriend, won't keep a job, and she just packed up and left for georgia with her new rich boyfriend so she wouldn't have to support her family, she forced sara to come with her and it's tearing her up being apart from me, she wants to get married even. What choices does she/we have?
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On 12/06/06
Danielle from AZ said:
Do I have to be 16 to be granted emancipation in AZ? Can you be 15, considering all of the circumstances? I have a job and go to school, and I can easily document 3 months of my living entirely independent of my mother.
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On 11/25/06
Larissa from AZ said:
Is it possible to be a ward of the state and still get emancipated?
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On 11/24/06
Kendra from OK said:
I lived in AZ for 6 yrs. I dealt w/a father who was both a drunk,verbally & physically/emotionally abusive. There is nothing you can do,unless you can prove w/physical evidence that she is abusive towards u. Also if you can't prove that than try and talk to her clamly (hopefully when she is sober) and ask her if she will willingly either sign your emancipation or possibly give guardianship to a friend/family member. I've been in this situation before & I ranaway 2 OK. I'm still dealing with it.
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On 11/01/06
tabbi from AZ said:
My mom has told me to get out of her house many of times and has kicked me out. When I finally move out and got a place of my own she yanked me outta there. She is always drunk and is verbally abusive towards me. I have a job and an apartment, but what is the fastest way to become emancipated?
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| Read more about the law and Family, New Laws and Emancipation |
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