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Speak Up! - View Question #24578 |
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Question: Well I've already been living on my own for over a month now. Me and my mom agree on me getting emancipated, but i don't think us going to court is necessary. We agree on the reason why i want to be on my own. So my question is if we agree on everything and there is no problem do we have to appear in court?
Answer: Being emancipated is a complicated process that involves more than just living on your own. In order for you to be able to contract, including signing a lease for an apartment, buying a car etc. and make other leagal decisions you will need to be emancipated by the court, otherwise the state will still hold your parent(s) responsible for you. More information on emancipation and how it changes your right can be found here.
Your parent(s) should also be aware that there are other laws that may affect your situation.
Arizona Law (ARS §25-511) makes it a class 6 felony (imprisonment for 1 year and up to a $150,000 fine) if the parent of a minor child knowingly fails to furnish reasonable support for the parent's child. Another Arizona Law (ARS §13-3613) makes it a class 1 misdemeanor (up to 6 months in jail and a $2500 fine) for a parent to cause, encourage or contribute to the dependency or delinquency of a child. A minor who was made homeless as a result of being kicked out could be considered dependant or delinquent. It is also a class 1 misdemeanor under Arizona Law (ARS §13-3619) for a person having custody of a minor under sixteen years of age to knowingly cause or permit the life of such minor to be endangered. Being homeless or not having resources for food and shelter could be considered endangerment.
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