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  1. #1
    Join Date
    Jun 2005
    Location
    Hot Springs, Arkansas
    Posts
    1

    Default Arkansas Emancipation Law

    My family, well, is a highly mobile family. My step-father constantly changes jobs for pointless reasons and we have been moving around the United States since my 7th grade year of school. Since we have established ourselves in Arkansas we have been nothing but family battles. When we moved here I was promised that we wouldn't move until I gradutated High School. Well it's the summer before my senior year and we are moving again to Washington State; due to my step-father, who has never gained have legal custody over me. Since he has recently been in Washington, starting his new job, my mother and I have been fighting constantly as usual. But now the physical area is worsening. While a friend was visiting from Texas we engaged in another fight, I hit my mother once because she threw me against the wall trying to choke me for not telling her I went to hang out with my boyfriend when I went on the lake. I was left with torn clothes, scrathes, and deep bruises. The next day she laughed at my marks. Sadly to say, this was not the first time I had been thrown around, my step-father is guilty as well. My mother hates all of my friends and boyfriend, (who honestly is a hard-working person; who will succeed in life) espically since I have been trying to be with them more since I discovered we were moving. She has been more mentally and physically abusive than ever before. It has finally become unbearable. My schooling is good, I take a college Criminal Justice course in the morning and highschool in the afternoon. My grades are above average and I have no criminal record, except a minor speeding ticket (which was gained after I fought with my mother). I am able to prove my capablities of holding a job and my boyfriends parents are aiding me by allowing me to live with them as long as I need/want to (through college). Recently I turned 17 years of age, and I own a car that was given to me by my grandmother. My mother and step-father are leaving AR in three weeks; I have no family in the surrounding area. How can I go about getting emancipated or giving custody to my boyfriends parents? Under my circumstances is it possible?

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

    Default Arkansas 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 believe you can satisfy those requirements, you may wish to pursue that remedy.

    If your parents agree, they should be able to execute a guardianship in favor of your boyfriend's parents, such that you could reside with them and attend high school.

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