What are the requirements for me to become emancipated?
Full Question:
Answer:
The following are Nevada statutes:
NRS 129.080 Minor may petition juvenile court for decree of
emancipation; reference to master.
Any minor who is at least 16 years of age, who is married or living
apart from his parents or legal guardian, and who is a resident of the
county, may petition the juvenile court of that county for a decree of
emancipation. The district court may refer the petition to a master
appointed pursuant to title 5 of NRS or chapter 432B of NRS.
NRS 129.090 Petition: Contents; fees.
1. A petition filed pursuant to NRS 129.080 must be in writing, verified
by the petitioner and set forth:
(a) The name, age and address of the minor;
(b) The names and addresses of the parents of the minor;
(c) The name and address of any legal guardian of the minor;
(d) If no parent or guardian can be found, the name and address
of the child's nearest known relative residing within this state;
(e) Facts relating to the minor's education, employment, and length of
residence apart from his parents or guardian;
(f) That the minor willingly lives apart from his parents or legal
guardian with the consent or acquiescence of his parents or legal
guardian;
(g) That the minor is managing his own financial affairs;
(h) That the source of the minor's income is not derived from any
activity declared to be a crime by the laws of this state or the United
States; and
(i) That the minor is attending school or has been excused from
attending school pursuant to NRS 392.040 to 392.125, inclusive.
2. If any of the facts required by subsection 1 are not known,
the petition must so state.
3. For filing the petition, the clerk of the district court shall
charge the fees prescribed by law for the commencement of civil actions
or proceedings generally.
NRS 129.100 Notice of filing of petition: Form.
1. After a petition has been filed, unless the person to be served
voluntarily appears and consents to the hearing, the court shall direct
the clerk to issue a notice, reciting briefly the substance of the
petition, stating the time and date set for the hearing of the petition,
and requiring the person served with the notice to appear before the
court at the hearing if he desires to oppose the petition.
2. The notice issued pursuant to subsection 1 must be in substantially
the following form:
In the ________________________________ Judicial District Court of
the State of Nevada, in and for the County of __________________________In the matter of the emancipation
of ________________________________, a minor.
Notice
To ______________________________, the father or ____________________,
the mother of the above-named minor; or, to the father and mother of the
above-named minor; or, to ________________________________, the legal
guardian of the above-named minor; or, to _______________________________,
related to the above-named minor as _______________________________:You are hereby notified that there has been filed in the above-entitled
court a petition praying for the emancipation of the above-named minor
person, and that the petition has been set for hearing before this court,
at the courtroom thereof, at ________________________________, in the
County of ________________________________, on the __________ day of the
month of _________ of the year _______ at __________ o clock __.m., at
which time and place you are required to be present if you desire
to oppose the petition.Dated _____________ (month) ____ (day) _______ (year)
_____________________________
Clerk of court(SEAL) By _____________________________
Deputy
NRS 129.110 Persons to be served with notice; manner of service; hearing
on petition.
1. A copy of the notice issued pursuant to NRS 129.100, together with a
copy of the petition, must be served upon:
(a) The parents or legal guardian of the minor or, if the parents or
legal guardian cannot be found, the nearest known relative of the minor
residing within this state, if any;
(b) The legal custodian of the minor, if any;
(c) The appropriate probation officer or parole officer for his review
and recommendation if the minor is subject to the jurisdiction of the
court pursuant to title 5 of NRS; and
(d) The district attorney of the county in which the matter is
to be heard.
2. Service of the notice and petition may be made in any manner
permitted by N.R.C.P. 4. Return of service must be made as provided by
that rule. Evidence must be presented to the court if addresses of those
required to be served are unknown or for any other reason notice cannot
be given.
3. The court shall hold a hearing on all petitions filed pursuant to
NRS 129.080 to 129.140, inclusive.
NRS 129.120 Hearing: Duties and powers of court; considerations in grant
or denial of petition.
1. At the time stated in the notice, or at the earliest time thereafter
to which the hearing may be postponed, the court shall proceed to hear
the petition.
2. At the hearing of the petition, the court shall address the
petitioner personally and advise him of the consequences of emancipation,
as described in NRS 129.130.
3. The court may request copies of records in the custody of the school
district, the probation office, the Division of Child and Family Services
of the Department of Health and Human Services or any other public or
private agency to assist in making its determination. The court may
further request a recommendation from the probation officer, the Division
of Child and Family Services or any other public or private agency that
may have communicated with the minor regarding the petition.
4. The grant or denial of the petition is a matter within the
discretion of the court. In making its determination, the court shall
consider:
(a) Whether the parents or guardian of the minor have consented
to emancipation;
(b) Whether the minor is substantially able to support himself
without financial assistance;
(c) Whether the minor is sufficiently mature and knowledgeable to
manage his affairs without the guidance of his parents or guardian; and
(d) Whether emancipation is in the best interest of the minor.
NRS 129.130 Decree of emancipation: Effect; petition to void decree.
1. If the court determines that the petition should be granted, it shall
enter a decree of emancipation.
2. A decree so entered is conclusive and binding.
3. Such a decree emancipates the minor for all purposes and removes the
disability of minority of the minor insofar as that disability may
affect:
(a) The incurring of indebtedness or contractual obligations of
any kind;
(b) The litigation and settlement of controversies;
(c) The acquiring, encumbering and conveying of property or any
interest therein;
(d) The consenting to medical, dental or psychiatric care without
parental consent, knowledge or liability;
(e) The enrolling in any school or college; and
(f) The establishment of his own residence.
For these purposes, the minor shall be considered in law as an adult, and
any obligation he incurs is enforceable by and against him without regard
to his minority.
4. Unless otherwise provided by the decree, the obligation of support
otherwise owed a minor by his parent or guardian is terminated by the
entry of the decree.
5. Except as otherwise provided in this section, a decree of
emancipation does not affect the status of the minor for any purpose,
including the applicability of any provision of law which:
(a) Prohibits the sale, purchase or consumption of intoxicating
liquor to or by a person under the age of 21 years;
(b) Prohibits gaming or employment in gaming by or of a person
under the age of 21 years;
(c) Restricts the ability to marry of a person under the age of
18 years;
(d) Governs matters relating to referrals for delinquent acts or
violations of NRS 392.040 to 392.125, inclusive, unless the minor has
been certified for trial as an adult pursuant to title 5 of NRS; or
(e) Imposes penalties or regulates conduct according to the age
of any person.
6. A petition may be filed by any person or by any public agency to
void a decree of emancipation on the following grounds:
(a) The minor has become indigent and has insufficient means of
support; or
(b) The decree of emancipation was obtained by fraud, misrepresentation
or the withholding of material information.
7. The voiding of any decree of emancipation must not alter any
contractual obligations or rights or any property rights or interests
which arose during the period that the decree was in effect.
NRS 129.140 Method not exclusive.
The method of emancipation of a minor provided for in NRS 129.080 to
129.130, inclusive, is in addition to and not in substitution of, any other
method of emancipation provided by statute or common law.