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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.
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| Comments |
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On 06/15/10
shanic from AZ said:
What happens to a child if his/her parents object to getting emancipated? Do they have the right to tell you that you cant? I thought thats why its called "emancipation"!
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On 06/02/10
moni from AZ said:
The way the right the law here in Arizona is so stupid. Many of us are trying to be emancipated because of our problems at home, they say you must live on your own for three months to be emancipated but how do we do that if when we try your parent can call you in as a runaway. I've been having this problem. I left been living else where i moved out on 2/15/10 and was forced back home yeaterday. My mom is crazy she hits me bites me. I wanna lave but i can't. why is there no help for us! why is there no help!?!?
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On 05/26/10
T from AZ said:
Uh... really? "Mommy and daddy"?
Some homes are not good environments for a person to live in. If one is courageous and responsible enough to go through this process, I think they're smart enough to be above that sort of patronization. I'm also pretty sure everyone understands this is not reversible and not a decision to be made rashly.
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On 05/12/10
Mimi from AZ said:
I really like the idea of emancipation. All I have to do it get a job and bam, I can emancipate myself. But what happens when a parent doesn't want the child to be emancipated? My mom is insane, I know she would say no, so how could I get out sooner?
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On 04/30/10
memi from GA said:
I strongly feel taht some indiviuals need emanicpation b/c thae home life is not suitable or healthy at all. As a teen right i strongly want to further look into this idea becasue i feel that my home life is not only unsuitable but it is slowly but surely killing. the feeling of not being wanted has truly affected me and i need to be in a place where i can freely express myself and my actions
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