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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
      71 thru 75 of 125 comments    ...  11   12   13   14  [ 15 ] ...   
      On 10/19/06
      alice from AZ said:
      i'm trying to get emancipated cause i'm trying to get out of my parents custody battle over me. i can't handle the stress that they put on me, and my family. i'm going to get my G.E.D. anyways, but i have really good attendance and have had my job for 5 months. do you think that i would have a shot at getting emancipated? my mom is for it, but my dad is completely opposed and says he will do everything he can to make it not go through. i live with my dad, but might be moving in with my mom soon. so if someone could give me specific details on what to do so i have a better shot. please tell me.
      On 10/19/06
      Dena from AZ said:
      I'm trying to get custody of my little sister who is 16 years of age.. I live with my boyfriend and sister inlaw... We all want her to be in a safe enviroment. She herself said she feels more safe with us..She has been living with my grandmother... My grandmother doesn't want anything to do with her anymore.. So, what she did to make it seem like she was concerned was she reported me to social services... What can I do? I would really appreciate some help on this....
      On 09/23/06
      Chris from AZ said:
      I'm looking to get my girlfriend emancipated from her parents. She is 16. She has been getting abused by her mom for awhile, and her dad doesn't do anything about it. So I was wondering if anybody knows if she could move in with me so therefore we would be finacially set with her and my income. Or what? Any help/advice would be greatly appreciated.
      On 08/30/06
      Jermaine from AZ said:
      I got empancipated when i was sixteen years old and it was the best decision i have ever made. however you have to be a responsible person and you have to be willing to make job,school, and living arangements for yourself. there was too much violence in my family and that is why i got out. i am now a senior at alhambra high school and i am enlisting in the united states army. i currently work for my uncle in construction and i make about 2400 dollars a month. so ask your self are you relly ready to be your own adult because it was hard for me to adjust to my own standards. peace out PHX
      On 08/20/06
      Samantha from AZ said:
      I will be 16 next month, I am looking into living by myself and finishing high school. I don't like living with my mom and all of my siblings. I love my siblings, but I dont like the yelling all the things that happen there.Its hurtful to me. I think its getting worse. I am getting a job and saving up to move out? Do you think I have a chance at getting emanicipated?
      71 thru 75 of 125 comments    ...  11   12   13   14  [ 15 ] ...   



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