Filing for Emancipation While Living With a Parent

My question involves juvenile law in the State of: Arizona.


I filed for emancipation not long ago and my hearing is in a month. My father and since then made me move in with my mother again, whom is not stable and/or interested in my well being. I plan to use this action against him however I have a few questions. The hearing is obviously an evidentiary one and I have financial evidence, but my mother has claimed she will not attend the hearing because "its a waste of money and time and there is no way in hell it will be granted." Now my question is; If she declines to show up even though she has had full notification and reminders of the day, can it hugely imapct whether the emancipation is granted? Is it relevant that, while my parents have joint custody, she has primary and still refuses to appear? I have copies of previous arrest/court proceedings that all how her as FTA, so she knows what she is doing. If my father doesnt have primary custody would his defense weigh as heavily on the judge's decision? Lastly, since my parents were informed of my decision they have been bending over backwards IN PUBLIC SCENARIOS to accomodate me and provide for me, but behind closed doors the relationships have soured and violence, on all sides, has occasionally broken out. So I guess my question is what other kind of evidence, including things that show financial responsibility should I compile? As for education, I am finishing HS online and will be completely done, with a diploma, by December, if that helps.

Any advice and/or commetns would be appreciated. Thank you.

Oh, and I am 17 if anyone needed to know. Does it make a difference that I am very close, but not close enough, to being 18? 5-6 months shy of reaching adulthood-- but simply couldnt and shouldnt have to wait.

You have not provided anything to indicate you meet this qualification. Do you earn enough to provide your own food, clothing, shelter and health insurance? This would likely require you to earn about $20k p/yr minimum.

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You are financially self-sufficient, that is, you can prove you are able to support yourself and provide your own food, housing and medical care, etc., without parental assistance, and you want to be declared legally “an Adult”, responsible for your own support, AND

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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.

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so, did ya notice that (g)(i) above? or (g)(iii)? If you don't have those, you had better have a real good statement for (g)(ii)

How are you supporting yourself? How will you obtain health care? What proof of housing do you have? Heck, where do you plan on living?

My statement that I gave to the court explained how I intend to supposrt myself. I have a job, and can and have been supporting myself in all but rent and phone. Which I know are two very big things. However I created a budget plan to incorperate all my costs and expenses, as well as money I plan to save each month and use for recreational activities. As for my living arrangement. I plan to live with a friend who is 18 until I complete my online school, at which point I am going to work fulltime and get my own apartment until college. At which point I will be living in dorms.

Rent is a huge deal. If you can't afford to pay for a place to live, you are not able to support yourself.

Telling the court, "I have a free place to live" is not proof that you can support yourself. What if your friend boots you out?

I am aware. I have money saved and can afford to get my own place, how ever I am opting for a cheaper way to live, but I can afford my own apartment. Like I said, just being money conscious.

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Quoting jk

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so, did ya notice that (g)(i) above? or (g)(iii)? If you don't have those, you had better have a real good statement for (g)(ii)

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Anything ?

I submitted a paper to the court explaining everything and judging by the reactions from my parents, its sufficient to continue with my emancipation. They admit they the home situation is accurate, if not exaggerated.

In your statement, I suggest you actually present a proposed budget as you were living 100% on your own. If you can show the courts you are aware of the costs and you can actually cover them, it would show that you aren't going at this with: well, I can stay with a friend so I don't have to worry about it.

You do have to worry about it and be able to go it alone if necessary. Show the courts that you are aware of that and you can if need be.



one thing not mentioned much is (since I presume you can't get (g)(iii) and obviously won't have (g)(i)):

(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.

squabbling with the parents isn't going to be adequate for the courts to allow this. There has to be a serious reason. It's not anything anybody else can tell you. It is what you can express to the court that convinces them that you would be better off living away from your parents than remaining with them. Emancipation is not something that is granted just because you don't want your parents to be parents. It must be realized that you leaving, even though there are myriad problems and hardships caused by you leaving, is better for you than remaining with your parents.

Well I already filed so cannot make amendments to what I submitted. I am done with the actual process. Now I am simple waiting. The reasons I filed are stated and clear and I believe, evident enough. As for my living arrangements, I did explain that while I could afford my own place, I would prefer to money crunch. As it stands, there is only the hearing left and I can't ammend what I have written. But I will be able to verbally explain and defend myself.

Be prepared to answer everything I have suggested. If you face a judge, s/he may very well ask you to ensure them you are prepared for this.

So OP cannot afford to live alone and provide his own insurance. I don't see a judge granting his request.