Arizona statutes Title 12 allows a child ages 16 or older to petition the court to become emancipated from his or her parents. Specific criteria must be met for the petition to be granted, including proof that he or she is able to be independent. A law passed by Arizona Legislature in enables minors who are at least 16 but not yet 18 can apply for emancipation to be declared an adult legally. This makes the emancipated minor responsible for his or her own medical care, food, and housing.
Arizona Revised Statutes Section indicates multiple requirements that must be met for emancipation of a minor in Arizona.
The rights and responsibilities of an emancipated minor are also described in this statute. If the minor has a child, he or she might have the legal responsibility to pay child support after having been emancipated. After a child has been emancipated, the parents have no legal responsibility to provide medical care, housing, or food. In addition, your parents will not have any claim to your income and cannot be held legally responsible for your actions.
The Clerk of the Court will either grant or deny this request based upon the Federal Poverty Guidelines. The Juvenile Court Guide, a Court Administration staff member, will meet with petitioners prior to filing a petition for guardianship or emancipation.
The Juvenile Court Guide will be available to help petitioners seeking guardianships and emancipations ensure that their petition and paperwork are filled out as accurately and thoroughly as possible without dispensing legal advice.
The Juvenile Court Guide will also help answer any questions regarding the court's requirements and procedures pertaining to guardianship or emancipation.
Also if my parents are divorced, would the parent without custody be able to sign for me to be emancipated? Arizona Emancipation Law Arizona only recently passed an emancipation law:.
Quoting Arizona Revised Statutes Seciton Petition for emancipation order; requirements; notification; representation; waiver of filing fees. 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. The minor is a resident of this state. The minor is financially self-sufficient. 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.
The minor is not a ward of the court and is not in the care, custody and control of a state agency. 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. The name and mailing address of the petitioner's parent or legal guardian if known. 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.
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. Whether the minor has a criminal record. 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.
Is conclusive evidence that the minor is emancipated. Terminates a dependency action as to the minor by operation of law. An emancipation order issued pursuant to this article recognizes the minor as an adult for the following purposes:. The right to enter into a binding contract. The ability to sue and be sued. The right to buy and sell real property. The right to establish a legal residence. The obligation to pay child support. The right to incur debts.
The right to access medical treatment and records. The right to consent to medical, dental and psychiatric care without parental consent, knowledge or liability. Eligibility for social services. The right to obtain a license to operate equipment or perform a service. The right to apply for enrollment in any school or college.
The ability to apply for loans. Future child support obligations relating to the emancipated minor. Obligation to financially support the emancipated minor after the first day of the month following entry of this order. Obligation to provide medical support for the emancipated minor.
This state shall recognize a minor as an emancipated minor if that minor can document emancipation from another jurisdiction of the United States and is at least sixteen years of age.
In any proceeding in which there is at issue the support of a child, the court may order either or both parents to pay any amount necessary for the support of the child. If a person required to pay support other than by personal check demonstrates full and timely payment for twenty-four consecutive months, that person shall be permitted to pay support by personal check as long as such payments are for the full amount, are timely tendered and are not rightfully dishonored by the payor bank or other drawee.
On a showing of good cause, the court may order that the parent or parents required to make payments of support give reasonable security for these payments. If the court sets an appearance bond and the obligor fails to appear, the bond shall be forfeited and credited against any support owed by the person required to pay support.
This subsection does not apply to payments that are made by means of a wage assignment. On a showing that an income withholding order has been ineffective to secure the timely payment of support and that an amount equal to six months of current support has accrued, the court shall require the obligor to give security, post bond or give some other guarantee to secure overdue support.
In title IV-D cases, and in all other cases subject to an income withholding order issued on or after January 1, , after notice to the party entitled to receive support, the department or its agent may direct the party obligated to pay support or other payor to make payment to the support payment clearinghouse. The department or its agent shall provide notice by first class mail.
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