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  1. #1
    Join Date
    May 2006
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    2

    Default Arkansas Emancipation Laws Explanation

    I need to get some plain facts straight about getting emancipated in arkansas. I have read the legal statement but i don't really understand it so maybe someone could explain it to me in layman's terms. I am 17, i will be 18 in dec., and i would like to be emancipated, but i don't have a sob story. I simply want to move in with my boyfriend, and i need to know how i can go about doing that legally. My parents say they won't even let me move out when i turn 18. I plan to still finish my last year of high school, i have a steady good paying job, and i can support myself on my own if need be. Anyways can someone tell me what age i can just go get emancipated, or do i have to take my parents to court and fight them? Marriage maybe or do you have to have your parents consent to do that? If worse comes to worse i can stick it out until i turn 18 in a couple months. Any advice and explation would be a great help. Thanks!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Re: Arkansas Emancipation Laws Explation?

    Arkansas' "emancipation" law is called "removal of disability of a minor":
    Quote Quoting Arkansas Law
    9-26-104. Removal of disability of a minor.

    (a) The circuit courts of this state or the respective judges thereof in vacation shall have the power to authorize any person who is a resident of the county and who has reached his or her sixteenth birthday to transact business in general and any particular business specified in like manner and with the same effect as if such act or thing were done by a person who had attained majority. Every act done by a person so authorized shall have the same force and effect in law and equity as if done by a person of full age.

    (b) Letters testamentary, of administration, or of guardianship may be granted to any such person, if otherwise entitled by law to have or hold such fiduciary trust, with like effect as if granted to a person over the age of majority.

    (c) The order of removal of disabilities may be made by the courts, or the respective judges thereof, in term time or in vacation.

    (d)
    (1) The circuit courts of any county in which a nonresident minor of the State of Arkansas owns real estate, or any interest in real estate, shall have jurisdiction to remove the disabilities of minority of such minor where the person has reached sixteen (16) years of age, as to such real estate. This may be done to enable the minor to sell and convey the real estate, or any interest therein, which may be owned by the minor or to mortgage or otherwise dispose of the real estate, as fully and effectually as if the minor was of full age.

    (2) The order of removal of disabilities may be made by the courts, or the respective judges thereof in term time or in vacation, and, if made in vacation, shall be entered at large upon the records of the court.
    (e) After the filing of a petition to remove the disability of a minor, the court shall fix a time and place for hearing the petition. At least twenty (20) days before the date of the hearing, notice of the filing of the petition and of the time and place of the hearing shall be given by the petitioner to any parent or legal guardian of the minor who has not joined in the petition. The notice shall be given in the same manner as is provided for summons under the Arkansas Rules of Civil Procedure.

  3. #3
    Join Date
    May 2006
    Posts
    2

    Default Re: Arkansas Emancipation Laws Explation?

    Thanks for posting that, i've read that before, i know you can file to be emancipated in arkansas at the age of 16 but do i have to take my parents to court in order to get out? My parents are wealthly, with amazing lawyers and i need to know wheather or not they can fight it. Also is there anyway i can just leave, or ways around getting emancipated? I know marriage automatically emancipates you but do i need parentnal consent to do that too? Is there any loop holes? Anything to get around it, or to win? Thanks for any more help i receive!

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Re: Arkansas Emancipation Laws Explation?

    The statute doesn't indicate that you need parental consent. But that's not the same thing as your parents not being able to oppose your petition.

    Leaving without being emancipated is called "running away from home", and isn't a path toward setting up a legally independent household.

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