Emancipation and Marriage
My question involves emancipation laws for the State of: Arizona
Ok! Here is my question if me and my girlfriend elope are we automatcally emancipated , or are we just gonna get in altot of trouble with the law and our parents!?
Also one of my friends told me as of 2008 we have to be 17 to even get emancipated is that true thats kind of bull if it is! also what do we do if me and my girlfriend have basically been living on our own for the past 5 or so months can we get emancipated!? and does living in a motel count as living on your own!(its not our fault we could have a trailer already but because of our age this is all we could get!)
Re: Emancipation\marriage
You can't elope, you're under 18. Can't be emancipated, either.
It's all moot.
Re: Emancipation\marriage
Arizona's emancipation law provides:
Quote:
Quoting Arizona Revised Statutes Seciton 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.
Quote:
Quoting Arizona Revised Statutes Section 12-2453. Factors; best interests of minor; burden of proof; emancipation orders; filing requirements
A. The court shall determine emancipation based on the best interests of the minor and shall consider all relevant factors, including:
1. The potential risks and consequences of emancipation and to what degree the minor understands these risks and consequences.
2. The wishes of the minor.
3. The opinions and recommendations of the minor's parent or guardian.
4. The financial resources of the minor, including the minor's employment history.
5. The minor's ability to be financially self-sufficient.
6. The minor's level of education and the minor's success in school.
7. Whether the minor has a criminal record.
B. The minor has the burden of proof by clear and convincing evidence.
C. The court shall file an emancipation order with the clerk of the court and issue a copy of the order to the minor and the department of economic security or its agent, if the minor is a child in a title IV-D case.
D. An emancipation order issued by a court pursuant to this article:
1. Is conclusive evidence that the minor is emancipated.
2. Terminates a dependency action as to the minor by operation of law.