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Speak Up! - View Question #18153 |
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Question: i live at home with my mother and stepfather. i am 16 and will be 17 in july i want to know what i have to do to get out of my house because im being verbaly abused by my stepfather. my mother doesnt defend me most of the time and i have a hard time not getting into an arguement with my stepfather. my real father, to me doesnt really have the abelitly to take care of me so i ask you for help, what do i have to do to get out of this situation?
Answer: If you cannot solve your family situation through counseling, family talks, or spending time at another family's home, then as a last resort, emancipation might be an option. There are many other requirements and rules involved in the emancipation process. Contact the Arizona Children's Law Center at 602-258-3434 x 266 for more direct legal advice for your specific situation.
In Arizona, emancipation is process where the minor makes an application to the court and the court, after weighing all relevant factors, determines whether emancipation is in the best interests of the minor. Emancipation means that the minor has the ability to live completely on his/her own and can accept most responsibilities of an adult.
So, as a part of the emancipation process, the minor must demonstrate to the court the ability to:
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Manage financial, personal and social affairs.
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Live wholly independent of parent or guardian.
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Obtain or maintain health care, education, training or employment.
The minor must also provide at least one of the following for “Documentation” to the court:
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Documentation of the minor’s independent living for at least three consecutive months.
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Statement explaining why the minor believes the home of the parent or legal guardian is unsafe.
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A notarized statement of written consent from the parent or guardian in addition to an explanation by the parent or guardian.
Following the submittal of the minor’s application (called “petition”), the Court Process is:
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The court has up to 90 days to hear the emancipation request.
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Minor may represent themselves or be represented by an attorney.
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The court may appoint a lawyer for the minor.
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At least 2 months before the hearing, the court must notify the minor's parents.
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The parents have up to 30 days to object to the emancipation.
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The parents may request mediation or the court may order mediation.
The Arizona Legislature passed the laws allowing emancipation on August 12, 2005. The laws can be found at A.R.S. §§ 12-2451 through 12-2456. You can also read a summary of the law and the process on this site under Laws - Emancipation.
See also: Answer to question #22604
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