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  1. #1
    Join Date
    Jul 2006
    Posts
    1

    Default The process and terms of emancipation

    hey, i live in arkansas and i was wondering what the process and terms were if i wanted to emancipat myself. you see my parents and i havent been getting along here lately. at all. i know its not all there fault but they need to back off a little. my mom actually snooped through my room and picked a lock on a box that i kept some old notes and things in, things that no one has seen but me and my sister. we're both mad at eachother over this. they also dont like the guy im dateing. he works everyday except wednesday and they work everyother wednesday so they havent been able to meet. my parents keep sayin things like if he really cared then he would make time to go meet them. we all have been busy on the days that he can come. i am also responsible for babysiting my little brothers while my parents work, but its kind-of useless for me to cause they never listen to me, to them im just an older sister who has no authority over them. i have tried to tell my parents this but they just say im a part of the family and its my responsibility to help watch them. it has just been a constant battle between us. i was considering emancipation as a way to get better privacy, be able to date who i want, and to get some space between me, my brothers, and my parents. i dont want to leave and not have any contact with them anymore but i am just going crazy living with them. its just so stressful with the constant arguing and having to defend my boyfriend and my friends. im not sure if this is want i want to do yet but it is sounding really good to me right now.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: The process and terms of 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 wish to follow-up, please consider posting in the default color, or at least in a color that is reasonably legible.

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