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Speak Up! - Browse Questions about Emancipation |
The Arizona Legislature passed a new law that goes into effect on August 12, 2005 that allows minors to be emancipated. Emancipation means that you are legally free from your parents or legal guardian. Once emancipated you have many of the same rights and obligations as an adult. 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 licencse or non-operating license with the words: Emancipated Minor.
| Question |
| Two of my friends and I are all emancipated, and were trying to find an affordable house, would the government help us with that? |
| Can emancipated minors buy products you'd normally have to be 18 for?(spray paint, cigerettes, etc.) |
| I am 16 my boyfriend is 19 and i think i might be pregnant. can my parents put him in jail because im a minor? is there anything i can do to stop it? and if i move in with him to raise our baby do i have to be emancipated? |
| I read all the requirements for being emancipated and i have a couple questions. They said under documentation that you have to provide documentation of the minor’s independent living for at least three consecutive months. How are you suppose to provide that if you're not emancipated yet? And it also says the court looks at your grades. What if you don't have such good grades now, but you can get it up or get your GED? Would that work? |
| My son is planning to drop out of school at 16. He is a bright boy, and I'm sure at some point he will get his GED. While I do not support his decision, I will help him get a job at 16 --but show him the door as well. Can a parent initiate an emancipation request if the minor refuses to attend high school, and can support himself financially? |
| My father died when I was 9 my mom remarried and My sisters and I still get social security. If I become emancipated would I still receive social security and could I use it to argue my financial independence? |
| how do my parents go about emancipating me? |
| i have been emotionally abused practically my whole life and now for the past 8 months it has gotten horrible i cant take it anymore im so depressed and im always crying. Can i move out to a family that is willing to actually love me but my parents do not like them? can i just leave for the saftey of my inner self? |
| Can I get emancipated if I'm only 15, if I'm pregnant, and still going to school? And can I live with my boyfriend which he has a job and will prvied everything needed for me and my baby. |
| My dad kicked me out of his house on my 16th birthday and he's been telling my brother he wants me to go back or he'll call the cops and say I'm a runaway. Can he tell them I'm a runaway if he's the one that told me to leave? and what can I do to not go back? |
| I am wanting to get emancipated but i do not know were to go to get the forms? |
| I will be graduating in May 2007, but I wont be 18 for another year. My parents won't let me leave the house unless I am emancipated and I would like to move out of state and start college in MO in the fall. Would the judge allow me to be emancipated since I will have a high school diploma and am looking for further education? If I were to live with my 19 year old boyfriend, could that get him in trouble, since I'm under 18? |
| The new emancipation law requires that the minor in question has proof of independant living for no less than 3 months. This being the case, would it be acceptable to have a parental entity sign on an apartment / housing unit? If so, the minor would merely be held respondsible for the billing records for at least a three month period, correct? |
| In Arizona, when is a child automatically considered emancipated? |
| Hello,I am 15 and not turning 16 until March of 2008. I dont get along with either of my parents very well and I want to go to California to get away and just start up somewhere new. I have been looking at jobs and apartments in California for age of 16 and I could get a part time job, enought to afford an apartment, and still go to school over there. Once I turn 16 and apply to be emancipated here in Arizona, if they accept could I travel to California and still apply for jobs and school there or would I need to contact a Court and Judge there? Thanks for your time, Joe |
| My friend is 17 and in her senior year of high school. Her parents have taken her car and she isn't allowed to use the phone, computer, tv, or eat food (unless it's a family meal). She does not have a job because she has no way to get to and from work, so she can't support herself financially. My family wants to take her in, and we would be cover her financially, but we live in Oregon. Would it be possible for her to be emancipated so she could come live with us? If not, what options are available for her (and us)? |
| Is there any way for me to be emancipated from my mother's side of the family. In other words, I want to cut off my ties to my mother's family. I don't want to emancipate myself from my family, just my extended family. Is that possible? |
| I am 17 and I want to get emancipated. I am currently on house arrest (i wear an ankle monitor) so i cannot leave my mothers house and live on my own and pay rent. I am also on probation. Is it possible to still get emancipated if my mother agreed on it and even if i have a criminal background. |
| My mother is seriously crazy. I have tried my hardest to deal with it, but living with her is not an option. I could go live with my dad, but instead of putting stress on him, i'd like to just emancipate myself. He only has visitation rights... if i lived with him for 3 months and paid him rent and stuff would that be like living on my own? Or would they see that as living with a gaurdian? Please answer!! |
| If my parents are divorced, would the parent without custody be able to sign for me to be emancipated? |
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