I Wish To Get Emancipated
My question involves emancipation laws for the State of: Arizona
Hi. my Name is Andrew Miler and I am 15 years old and I wish to get Emancipated or i wish to move out of my fathers house. About 6 months ago My mother passed away, I lived with her all of my life. My father beat my mom when i was little and forced us to move out of his house.We basically got kicked out in the middle of the night. After that my mom had full custody of me my whole life. Since she passed away I am really having a hard time and I hate my dad. Now he is a police officer for coolidge police department. He doesnt make my life any easyer with the fact that im only 15 and my mom is gone.I feel like he does not treet me as well as my mom treated me.He doesnt let me hang out with friends and he doesnt let me visit peaple from my moms side of the family.If anyone can help me out and tell me if there is a legal way for me to move out or get emancipated as soon as possible it would really be a great help.thanks...
Re: I Wish To Get Emancipated
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.