Emancipation In Arkansas

[ArkiMom]

My 16 year old son (will be 17 in May) wants to become emancipated and move out of our home. I was uneducated and believed that we as his parents would have to found unfit, he would have to have a job and prove that he can care for himself. I have read another thread on here that shows the actual laws in Arkansas but I admitadly do not fully understand it. However, from what I've read I'm now not sure if any of what I thought is true or if they have to own land to become emancipated?!?!?

Although I refuse to help him become emancipated and leave home before he's finished school and finished growing up, I did agree to help him find and understand the laws. If you can help with this, we would both be thankful.

[Mr. Knowitall]

Arkansas' "emancipation" law is called "removal of disability of a minor":

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.

The statute doesn not require land ownership. What questions did you have?

[ArkiMom]

What he (and I) want to know is what is required and/or needed for removal of disability of a minor? Must the child have a job? Show proof of responsability? Be in school? Or anything else?

Thank you for any and all help answering these questions.

[Mr. Knowitall]

Normally he would have to show that he is self-sufficient and capable of managing his own affairs. A local family lawyer who has experience with emancipation cases should be able to guide you through the expectations of the judges in your county.