Friday May 24

Emancipation

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The Arizona Legislature passed a new law that went into effect on August 12, 2005 and 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 Glossary Link 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 Glossary Link attorney.
  • The court may appoint a Glossary Link 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 emancipation.
  • 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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Become a legislator, a governor, a president, or a judge. The legislature can change the language of laws. The executive office can accept or veto those changes. If a case is brought before the court, a judge can rule that a law is constitutional or unconstitutional. Read the law above and then become part of the three branches.

Legislative Action




Keep this law Change this law

nasir posted:
KEEP. this law should be kept under certain curcumstances this a good idea

Executive Action

The amendment is still being debated under legislative action.

Check back to see whether the law goes to the executive office. Once a law passes in the legislative branch, the governor or president will have to choose whether to veto or accept the new law.

Judicial Action

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Check back to see if a case has questioned the constitutionality of this law.