| Law Topics |
 |
| (7) |
| (1) |
| (1) |
| (9) |
| (1) |
| (3) |
| (1) |
| (8) |
| (4) |
| (3) |
| (1) |
| (8) |
| (5) |
|
|
 |
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.
|
|
| Comments |
| 1 thru 5 of 131 comments |
[ 1 ] 2 3 4 5 ...
|
|
On 01/14/10
Fail from WA said:
This is a message to those parents who think they know everything about children and teenagers. You anger me. Simply put it, you do. After reading some comments, I've realized that most of you parents blame our problems on us, or 'how we treat our parents' but to be perfectly honest with you, your wrong. You don't know these kids situations, nor do you know the extent of their problem. My mom abuses me. I've went to the police. Nothing more than a strong warning. And others? What if their abused? Homosexually discriminated? Pregnant? Poor? Rich? Mental? Thus, you have no reason to judge us.
|
On 01/11/10
jaque from AZ said:
i think that if a child is so angry at his/her parents that they want to empancipate themselfs they should understand that mommy and daddy will no longer support them. they need to understand that if they break the law that they will b treated like an adult not a minor. and that once the emancipation process is completed they can't take it back.
|
On 11/11/09
Damion from AZ said:
Its really not that hard to finish school and support yourself. My girlfriend has been doing it for about 3 years no and she has straight a's and pay all her bills with out struggle. The only thing that will stop you from being able to succeed in life is the loss of will to survive on your own. Being 18 does not change any thing. If you are ready to support yourself then I believe the court should give trial periods and see what comes of the situation a month down the road. I am tired of people saying that because a kid is young that they are not resposible enough to take care of themselves.
|
On 10/19/09
abby from AZ said:
i am 17 and have supported my self money wise since i've had my job. 2 years now. i wish to attend a out of state university in january. i will have a high school diploma. the problem is i believe my mother has empty nest syndrome. which is typical but not to fair to me. what can i do? i want to start an education asap and not do it any where near her.
|
On 08/22/09
Danny from AZ said:
So my situation is the same, it's wearing me out emotionally. My mom's literally psycho. It's been medically proven. Her mood swings are crazy and they're really taking a toll on me. I've been reading through the thing it says to go through with the emancipation process and i've run into some bumps. I don't have a job, i'm considered a drop out and i have a boyfriend that's 19. i can't just stay anywhere because i'm not aloud to leave , and when i am i have to be home at 7 because i'm also on probation. i don't thing i will be able to do this , but i really need to.
|
| 1 thru 5 of 131 comments |
[ 1 ] 2 3 4 5 ...
|
|
|
|
| Read more about the law and Emancipation |
|
Related Speak Up! Questions
|
|
|
