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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.

      Comments
      1 thru 5 of 129 comments    [ 1 ]  2   3   4   5  ...   
      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.
      On 08/11/09
      azD from AZ said:
      ok my sittuation may not be taht bad as some but it is wearing at me emotionally. I can not stay at this house any more and i have already tried to stay at another family members house but that didnt work neither. I really want to go through with this but I am scared I dont knw if i will be able to accomplish what i want but staying here will only continue to wear at me. I guess im just confussed on what to do. Dose any one have any ideas???
      On 04/14/09
      yuki from AZ said:
      getting away from your parents is hard but for some it is better to get away rather then staying with the evil people. if i was in tht situation i would try to stay at a close friends or a different family member. (one who is nice and wont treat you badly...)
      1 thru 5 of 129 comments    [ 1 ]  2   3   4   5  ...   



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      Disclaimer: The information contained in this site is made available as a public service to the general public and is not intended to serve as legal advice. You should consult a trained legal professional for questions you may have about the laws affecting juveniles or any legal interpretations.

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