{"id":1354,"date":"2013-05-23T10:30:39","date_gmt":"2013-05-23T17:30:39","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?p=1354"},"modified":"2022-07-07T14:14:29","modified_gmt":"2022-07-07T21:14:29","slug":"emancipation-laws-in-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/emancipation-laws-in-arizona\/","title":{"rendered":"Emancipation Laws: Rights of 16 or 17 Year Old in Arizona"},"content":{"rendered":"
Arizona law allows 16 or 17-year-old teens to seek emancipation, which grants them freedom from their legal guardian or parents. The process requires that the teen is self-sufficient financially and isn\u2019t a ward of the court. Once emancipation<\/a> occurs, the parents are no longer required to provide the minor with clothing, food, or health insurance.<\/p>\n Emancipation gives a teen some of the same obligations and rights as a legal adult, including full responsibility for causing damage to property and other criminal behavior. There are a few different options for minors who no longer want to live with their guardian or parents, including informally or formally going to live with relatives. In other cases, the teen is living in unsafe conditions at home and seeking a better environment through emancipation.<\/p>\n In additional to proving financial self-sufficiency, the teen must show that they\u2019ve been living without their guardian or parents for a minimum of three months to achieve emancipation. Alternatively, they may give a statement about why their original home isn\u2019t safe or give a notarized form expressing permission from their parents for the emancipation. In the event that your parents don\u2019t agree, you may have to visit mediation<\/a> to reach a solution or have a judge decide for you.<\/p>\n If you\u2019re granted emancipation, you\u2019ll be legally considered an adult for the purposes of entering into a contract, the right to sell or buy real estate, the right to live on your own, to sue and be sued, and the legal duty to cover child support<\/a> (if applicable). You\u2019ll also be able to create your own debt, apply for loans, obtain medical records, and consent to mental, dental, and medical care for you and your child. As an emancipated minor, you can obtain social services, further your education, and perform certain services or operate certain equipment.<\/p>\n As mentioned, parents often allow their minor child to live with someone else, which is perfectly legal. However, if the teen\u2019s life at home is dangerous or insufferable, they can seek out help in finding another living arrangement from the Department of Social Services<\/a>. Just keep in mind that going through Social Services may involve a thorough investigation of the minor and family in question and could lead to group home or foster care placement.<\/p>\n A teen pursuing emancipation must receive an official decree, which requires going to court. If the judge chooses to grant the request, they\u2019ll issue a court decree. Then, the newly emancipated individual can get a copy of the form to show to landlords, employers, doctors, or schools who ask to see parental permission.<\/p>\n Keep in mind that emancipation isn\u2019t permanent, and you can only retain this status while living apart from your parents in a financially independent manner. If you decide to return home while you\u2019re still a minor and allow them to financially support you, your status will change back to dependent minor instead of emancipated minor.<\/p>\n The emancipation process can get complicated, so consulting a family law attorney can be helpful in many cases. They will assist you in understanding your obligations and rights, as well as give you guidance on specific questions related to your case. If you decide to speak with an attorney, you can ask them about your best path to emancipation and whether you\u2019re eligible for public assistance such as Medicaid<\/a>.<\/p>\n Here are some of the most commonly asked questions regarding emancipation laws in Arizona:<\/p>\n A: You must file your petition for emancipation with the superior court in your county. Ask them for the necessary forms to complete the process and ask if you must pay a filing fee. In some cases, the fee may be waived.<\/p>\n A: When you go to court, you must convince the judge that emancipation is in your best interest. The judge will consider your wishes and what your parents think about your request and look at your financial situation including your means of acquiring housing and health care. They will also look at whether you have a criminal history, your success at school, and whether you\u2019re aware of the risks of being emancipated. You must also prove that your home conditions aren\u2019t safe or healthy, that you\u2019ve been living independently for three continuous months, or show written permission from your guardian or parents for emancipation.<\/p>\n A: Once you\u2019re emancipated, your license will say \u201cEmancipated Minor\u201d on it. To get your updated license, bring your emancipation document to the DMV to get a new license.<\/p>\n Emancipation is a suitable alternative to running away for many minors in the state of Arizona and works well as long as the teen in question is emotionally mature and financially independent. As mentioned, an emancipated teen can make their own medical decisions, sign contracts, and take out loans. Keep in mind that the process can take a bit longer if your parents don\u2019t agree with your request for emancipation. If you need help, speak with a family law attorney today and get some answers to your questions.<\/p>\nWhat is Required for Emancipation in Arizona?<\/h2>\n
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Rights and Obligations of Emancipated Minors<\/h2>\n
Do I Have to Appear in Court for Emancipation?<\/h2>\n
How Working with an Attorney Can Help<\/h2>\n
Frequently Asked Questions on Emancipation in Arizona<\/h2>\n
Q: Where do I apply for emancipation?<\/h3>\n
Q: What should I show the judge to support my request?<\/h3>\n
Q: How does being emancipated impact my driver\u2019s license?<\/h3>\n
What to Do if You Need Help<\/h2>\n