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Speak Up! - View Question #22658 |
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Question: 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!!
Answer: Living with your father would not be viewed as living on your own, even though you paid rent. You would still be living with a parent.
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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