Do You Need to Be Emancipated Once You Turn 18
My question involves juvenile law in the State of: Arizona
Hi, I'm 18 and I've recently gotten out of an abusive situation and am living with the family of a friend. I've gotten full time employment and the legal guardian of the family wishes to adopt me in order to give me access to health insurance and other things of that nature. I'm pretty sure I'm still legally under the guardianship of my (abusive) parents, but I am living in a different place than both of my parents (divorced parents living in different states), I am providing and being provided for independent of my parents, and I have not spoken to one parent in 4 years and the other in almost 1 year. Since I am still under my parents' guardianship and I am on my way to being adopted by someone else, should I first be emancipated and then adopted? Would being adopted encompass a transfer of guardianship? Please let me know!
Re: Should I Be Emancipated if I'm Going to Be Adopted by Someone else
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DesG
My question involves juvenile law in the State of: Arizona
Hi, I'm 18 and I've recently gotten out of an abusive situation and am living with the family of a friend. I've gotten full time employment and the legal guardian of the family wishes to adopt me in order to give me access to health insurance and other things of that nature. I'm pretty sure I'm still legally under the guardianship of my (abusive) parents, but I am living in a different place than both of my parents (divorced parents living in different states), I am providing and being provided for independent of my parents, and I have not spoken to one parent in 4 years and the other in almost 1 year. Since I am still under my parents' guardianship and I am on my way to being adopted by someone else, should I first be emancipated and then adopted? Would being adopted encompass a transfer of guardianship? Please let me know!
In Arizona you are a legal adult at age 18. Therefore you are not under the guardianship of anyone. Therefore there is no one that would need to consent to an adult adoption other than you...and if adopted you would still not be under the guardianship of anyone.
You really need to think this through very carefully because it is a serious matter. Once adopted, you will have no legal relationship to your biological parents, grandparents, siblings etc., nor any rights of inheritance either.
Re: Should I Be Emancipated if I'm Going to Be Adopted by Someone else
First off, you are already emancipated by virtue of age. You have no legal guardian outside yourself.
Second, in your state, adult adoption is limited; unless the person who wishes to adopt you is your step-parent, aunt, uncle, cousin or grandparent, the law will not permit the adoption.
Re: Should I Be Emancipated if I'm Going to Be Adopted by Someone else
Hold on, folks... There are certain circumstances under which a legal adult would be under the guardianship of another... We don't know if this is one of those situations...
Re: Should I Be Emancipated if I'm Going to Be Adopted by Someone else
Further, why is OP being adopted as an adult?
Re: Should I Be Emancipated if I'm Going to Be Adopted by Someone else
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free9man
Further, why is OP being adopted as an adult?
"access to health insurance and other things of that nature."
Re: Should I Be Emancipated if I'm Going to Be Adopted by Someone else
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jumanji
"access to health insurance and other things of that nature."
So gaming the system? Got it.
Re: Should I Be Emancipated if I'm Going to Be Adopted by Someone else
The OP didn't mention anything about being disabled and his/her parents having gone to court to extend their guardianship. If that didn't happen, he/she is on his/her own.
Re: Should I Be Emancipated if I'm Going to Be Adopted by Someone else
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cbg
The OP didn't mention anything about being disabled and his/her parents having gone to court to extend their guardianship. If that didn't happen, he/she is on his/her own.
I don't disagree, but that OP somehow understand that s/he is an adult, legally, at 18 makes one wonder...
Re: Do You Need to Be Emancipated Once You Turn 18
Hi, OP here! Thanks for all the responses. I'm gonna clear some stuff up for you all as concisely as I can. I'm being adopted as an adult because my parents and family have proven unfit guardians and someone else is willing and able to take that role in their place. It was just an accident of circumstance that I turned 18 this year. I was a little confused about whether I was still under the guardianship of my parents, but you all have let me know that I'm not (which is good, because I wouldn't even know what to do if I were) so thank you!!
To expand on my situation without forfeiting too much of my privacy, my parents and family members failed to provide me with the care that I needed. There were several instances of domestic disturbances, and physical and verbal abuse from my parents (to the point where the police had to be called on multiple occasions and parents of friends were asking if they should call child protective services on my behalf). There was also a long stretch of time (almost 10 years) of sexual abuse that I had fallen victim to that, when revealed to my parents, was not met with any concern or legal action. My physical and mental health was consistently ignored despite several diagnosis from medical professionals recommending that extra care be provided for me. The abuse at one point was so intense that I had to move from the east coast to here in Arizona. At the end of my senior year of high school, I was encouraged by parents of friends and teachers to get out of the situation as soon as I could, and with my 18th birthday on the horizon, I figured I could move out and sort out something else without the fear and abuse I endured from my parents. Now I've been accepted into a new family and am working to help pay bills in the house as well as (if I'm lucky) begin my secondary education some time next year. Being adopted was something we were considering because it would make everything much smoother for everyone. I'm in need of health care and have been for a long period of time, but the costs (as we all know) are such a big hurdle for me that my new family is willing to formally adopt me in order to help provide me with that care, seeing as we already consider each other as a kind of family.
Thanks so much for reading and responding! Please reply if you have any further questions!