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  1. #1
    Join Date
    May 2006
    Posts
    25

    Default Emancipation in Arizona

    I have a friend that needs to get out of her house soon. The only problem is she is only 13. I know that this is too young for emancipation. but what other options are available? Foster care IS NOT an option.Any Advice is welcome, but I need to know what the laws are regarding emancipation. Is there a way to request that guardianship be transferred to another individual or individuals?

    thank you.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Emancipation in Arizona

    Emancipation is completely off the table. It doesn't matter what the laws for emancipation are because no state in the US will emancipate a 13 year old no matter what the circumstances.

    What is going on that she "needs to get out"? It makes a difference what options are available.

  3. #3
    Join Date
    May 2006
    Posts
    25

    Default Re: Emancipation in Arizona

    I know that emacipation is not an option at this point in time (I was only asking for information in case she was not out by age 16)

    Her mother only cares about appearance and is narcissitic.
    her father refuses to divorce her mother though they contstantly fight, and he has brought home other women before. (I believe there was a Pre nuptial involved, which would leave the mother with no money or property if they got divorced) He also displays many of the signs of Borderline Personality Disorder, and more severely than most. He has often told her (when she was younger) about his severe depression and self injury. emotional and verbal abuse are also present in the home. I can also tell she is not telling me a few things.

    She is self-injuring and is considering other self-destructive forms of coping. I believe she has BPD also, But I am not a psychiatrist. Being in much the same situation, I really want her out of her house so she does not do something that she will regret.

    ***Note: Because of some of the responses to my earlier posts where I mentioned self injury, I would just like to point out that self injury is not the issue here, it is merely an effect of the issue at hand. If you feel the need to give your oppinions about self injury, feel free to message me, but do not post. Understand also that people with BPD do not cope in the same way as others, and often turn to self injury. having BPD does not mean that you are insane, it is the most commonly diagnosed personality disorder in the world, and it is estimated that around 5% of the population has it. This is a forum for law, not personal oppinions about coping or how you think I am exaggerating, you are not in this persons shoes, so please just post legal oppinions and information, not your personal beliefs.

    THANK YOU

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Emancipation in Arizona

    Well, since you have such very strong opinions on how the people who answer you should respond, I don't think I'll bother. I'd hate to waste your time with an answer you didn't feel was appropriate.

  5. #5
    panther10758 Guest

    Default Re: Emancipation in Arizona

    What does "your" BPD have to do with your "friend"?

  6. #6
    panther10758 Guest

    Default Re: Emancipation in Arizona

    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.

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