Speak Up! - Browse Questions about Emancipation

The Arizona Legislature passed a new law that goes into effect on August 12, 2005 that allows minors to be emancipated. Emancipation means that you are legally free from your parents or legal guardian. Once emancipated you have many of the same rights and obligations as an adult. 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 licencse or non-operating license with the words: Emancipated Minor.

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