Emancipation of a Minor in Arizona
Arizona law permits certain minors to petition the court to become emancipated from their parents or legal guardian. Arizona law imposes numerous requirements for emancipation. To qualify, the minor cannot be a ward of the state or in the custody of any other state agency. In addition, the minor must be:
• At least 16 years of age
• A resident of Arizona
• Financially self-sufficient
• Able to provide for his or her food, housing, and medical care without parental assistance
Once a minor becomes emancipated, he or she has all the rights and responsibilities of an adult, including:
• The ability to sue and be sued
• The right to buy and sell real estate
• The legal obligation to pay child support
• The ability to apply for loans
• The right to consent to medical, dental, and mental healthcare
If you are a minor considering emancipation, it is recommended that you seek the services of a Tempe divorce attorney who can discuss all your legal options.
Information needed to file a petition
The emancipation petition must be accompanied by at least one of the following:
• Documentation that the minor has been living on his or her own for at least three consecutive months
• A statement explaining why the minor believes the home of his or her parent or legal guardian is not a healthy or safe environment
• A notarized statement that contains written consent to the emancipation and an explanation by the parent or legal guardian
Where to file a petition for emancipation
The petition for emancipation must be filed in the superior court of the county where the minor lives. There is a filing fee for emancipation petitions, but the court may reduce or waive the fee in some cases.
The court considers all the issues and either grants or denies the petition based on a number of criteria, including whether or not the petitioner has the ability to be independent. If you are a minor who wishes to petition for emancipation, you should contact a Chandler divorce lawyer immediately to discuss your options.
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