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Arkansas Emancipation Help

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  • 05-19-2005, 03:48 PM
    Cjay_88
    Arkansas Emancipation Help
    I am in serious need of help...For the past two years my life has been very difficult. It started when I moved in with my dad at 13, he became physically abusive but I assumed it was normal because I had it worse with my mother, who raised me. Well, eventually my friend's family got involved and called the police, he just got a warning the first time but then it happened again in the next 2 weeks. So they placed me in DHS custody which really messed me up. My schooling (which I usually make straight A's) slipped downhill fast. However eventually when they had nowhere else to place me I was placed back with my dad but although it was okay at first eventually things were back to the same. He got abusive again, well, by now I didnt know what to do so I ran away from home. I got into a car accident almost died and my dad took me in until I was healed. About a month later he kicked me out and I moved in with a friend. When my friend got pregnant and got into trouble I moved out and my dad, yet again, got custody. I tried to make my stepmom happy but she really doesnt like me so eventually she made my dad choose between me and her. Since I have a 6 year old half brother he chose her.
    Well now I am staying at a friends renting a camper/trailer home in their backyard. I was supposed to take my drivers test over a week ago but my dad wont let me. Nor will he let me finish paying off my car. Not to mention he took my permit and wont give it back and he made me quit my job before I left. I DESPERATLY NEED advice. I dont know what to do anymore I am 16 and have had NO history with disobeying the law with the exception of running away but they let it go due to me being in the hospital because of the accident. I want to know if emancipation is possible and if so how can I go about it the right way??? I CANT risk getting put back into DHS, or I'll never finish highschool or go to college like I want to........I am also really afraid of my stepmom calling me in as a runaway so she can have me locked in JDC....I am happier on my own but I cant do it this way, someone please help......
  • 05-19-2005, 08:31 PM
    aaron
    Arkansas Emancipation
    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.

    If you believe you can satisfy those requirements, you may wish to pursue that remedy.
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