How can I start filing an Emancipation?
Full Question:
How can I start filing an Emancipation? what do i need to do ?
10/19/2007 |
Category: Minors ยป Emancipation... |
State: Arizona |
#10598
Answer:
The following is a statute:
12-2451. Petition for emancipation order; requirements; notification;
representation; waiver of filing fees
A. A minor who wishes to be emancipated may file a petition for an
emancipation order with the clerk of the court in the county in which the
minor resides if all of the following apply:
1. The minor is at least sixteen years of age.
2. The minor is a resident of this state.
3. The minor is financially self-sufficient.
4. The minor acknowledges in writing that the minor has read and
understands information that is provided by the court and that explains the
rights and obligations of an emancipated minor and the potential risks and
consequences of emancipation.
5. The minor is not a ward of the court and is not in the care, custody
and control of a state agency.
B. A petition filed pursuant to this section must contain the following:
1. The petitioner's name, mailing address, social security number and
date of birth.
2. The name and mailing address of the petitioner's parent or legal
guardian if known.
3. Specific facts to support the petition, including:
(a) The minor's demonstrated ability to manage the minor's financial
affairs including proof of employment or other means of support.
(b) The minor's demonstrated ability to manage the minor's personal and
social affairs, including proof of housing.
(c) The minor's demonstrated ability to live wholly independent of the
minor's parent.
(d) The minor's demonstrated ability and commitment to obtain or maintain
education, vocational training or employment.
(e) How the minor will obtain or maintain health care.
(f) Any other information considered necessary to support the petition.
(g) At least one of the following:
(i) Documentation that The minor has been living on the minor's own for
at least three consecutive months.
(ii) A statement explaining why the minor believes the home of the
minor's parent or legal guardian is not a healthy or safe environment.
(iii) A notarized statement that contains written consent to the
emancipation and an explanation by the minor's parent or legal guardian.
C. The court shall hold a hearing on the petition within ninety days
after the date of its filing and shall notify the petitioner and the
petitioner's parent or legal guardian of the date and place of the hearing
by certified mail at least sixty days before the hearing date. For good
cause shown, the court may continue the initial emancipation hearing.
D. The minor's parent or legal guardian may file a written response
objecting to the emancipation within thirty days of service of the notice
of the hearing.
E. The minor may participate in the court proceedings on the minor's own
behalf or be represented by an attorney chosen by the minor. If the court
determines it necessary, the court may appoint a guardian ad litem for the
petitioner.
F. The court may reduce or waive the fee prescribed in section 12-284 for
filing a petition for emancipation of a minor for financial hardship.
12-2453. Factors; best interests of minor; burden of proof; emancipation
orders; filing requirements
A. The court shall determine emancipation based on the best interests of
the minor and shall consider all relevant factors, including:
1. The potential risks and consequences of emancipation and to what
degree the minor understands these risks and consequences.
2. The wishes of the minor.
3. The opinions and recommendations of the minor's parent or guardian.
4. The financial resources of the minor, including the minor's employment
history.
5. The minor's ability to be financially self-sufficient.
6. The minor's level of education and the minor's success in school.
7. Whether the minor has a criminal record.
B. The minor has the burden of proof by clear and convincing evidence.
C. The court shall file an emancipation order with the clerk of the court
and issue a copy of the order to the minor and the department of economic
security or its agent, if the minor is a child in a title IV-D case.
D. An emancipation order issued by a court pursuant to this article:
1. Is conclusive evidence that the minor is emancipated.
2. Terminates a dependency action as to the minor by operation of law.
12-2454. Effect of emancipation
A. An emancipation order issued pursuant to this article recognizes the
minor as an adult for the following purposes:
1. The right to enter into a binding contract.
2. The ability to sue and be sued.
3. The right to buy and sell real property.
4. The right to establish a legal residence.
5. The obligation to pay child support.
6. The right to incur debts.
7. The right to access medical treatment and records.
8. The right to consent to medical, dental and psychiatric care without
parental consent, knowledge or liability.
9. The right to consent to medical, dental and psychiatric care for the
emancipated minor's child.
10. Eligibility for social services.
11. The right to obtain a license to operate equipment or perform a
service.
12. The right to apply for enrollment in any school or college.
13. The ability to apply for loans.
B. An emancipation order issued pursuant to this article terminates a
parent's or legal guardian's:
1. Right to the emancipated minor's income.
2. Future child support obligations relating to the emancipated minor.
3. Tort liability for the emancipated minor's actions.
4. Obligation to financially support the emancipated minor after the
first day of the month following entry of this order.
5. Obligation to provide medical support for the emancipated minor.