Do i have to get emancipated??

[JordanJames]

What is the name of your state? Arizona


Hi my name is Jordan McMurray(16). I just recently moved from Michigan to Arizona. With me and my brother(17) still in highschool, the move has been really rough. its just a completely different world here then what we were in. so going on about 3 months here we are going through a sort of depression you could say. were doing bad in school, and we fel like we need to go back. however our parents although sympathizing with us do not think it is a good idea at all. and they do not support us to go back and stay with others. but its what my and my brother have decided we wantt o do. we dont want to have to move out from home so soon, but we are doing horribly here.

so basiclally my dad said i might have to look into emancipation so i could enrol in school up there. is that the truth? well im willing to do whatever i need to. if it seems realistic for me to do.
im a little sketchy about thisi hoel thing, but if its what i have to do.


any advice??

 

[seniorjudge]

http://www.bostoncoop.net/lcd/emancipation/emancipation_chart.html

Standard answer on emancipation: get a full time job and support yourself 100%; that will help you prove emancipation.


Thanks to MomOfBoys for the following:

This forum is often visited by teens looking for information on how to become emancipated. It is not a simple process. Here is some info, and the other adults on this forum will contribute by adding/subtracting to the list.

There are only three ways to become emancipated.

You must:

1. Join the military (but you must be 17 to be eligible to join, and there is always the possibility that the military will say no for various reasons.) And, at the age of 17, a minor still needs parental consent to enlist in the armed services.

or

2. Get married. To get married, you need your parents’ permission, although in some states you can get married without your parents’ permission if the female is pregnant or has given birth, which means you take on the expenses not just for yourself, but for a child as well. To be married w/o parental consent, whether pregnant or not, the minor still needs a court order in EVERY state in order to marry.

or

3. Have your parent’s permission. To do this, a parent must tell the court that they no longer wish to have control over the child and are willing to relinquish his/her rights and obligations to the minor, AND the minor must prove to be self-sufficient.

To become emancipated WITHOUT any of the above, the child must be able to prove that either the parent has abandoned the child, OR the parent mistreats the child.

Mistreating does NOT include arguments, discipline, enforcement of rules (curfew, grounding, limited time on computer or cell phones), dictating who the child may associate with, or requiring the child to perform household chores. Mistreating DOES include parental abuse (physical or mental), neglect or failure to support.


When applying for emancipation, the petition needs the following information:
1. The name, address, residence, and date of birth of the minor.
2. The name, address, and current location of each of the minor's parents, if known.
3. The name, date of birth, custody, and location of any children born to the minor.
4. A statement of the minor's character, habits, education, income, and mental capacity for business.
5. A plan for success, i.e., an explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met.
6. Whether the minor is a party to or the subject of a pending judicial proceeding.
7. A statement of the reason why the court should grant emancipation.

If the minor does not have the permission of BOTH parents for emancipation, then the parent who has NOT consented must be served with the petition, so to be made aware of the process.


The plan for success must include explanations for how the minor meet the following needs:

1. Shelter (rent AND utilities)
2. Food
3. Clothing
4. Medical Care (securing medical insurance)
5. Transportation
6. Living necessities (toilet paper, toothpaste, soap, shampoo and other “sundries.”)
7. School supplies
8. Furniture

The minor must also consider how s/he will pay for the following non-necessities:
1. Phone (cell and/or land line)
2. Television
3. Entertainment
4. Computer/internet access


When applying for housing, remember that a landlord may be reluctant to rent to a minor despite their emancipation status. In this case, a landlord can protect him/herself by asking the minor to find an adult to co-sign the lease. If any problems occur, the landlord can pursue the adult for the unpaid rent or other problems. So minors may still need an adult to help them secure housing.

Employers are bound by child labor laws, so a minor will not be allowed to work full time at a single job, despite emancipation status, until s/he reaches the age of 18.

Emancipated minors are required to remain in school full time until they reach the age of 18.

If emancipation is granted, the minor will have the status of an adult for purposes of all criminal and civil laws.

And, last but not least, if the state does NOT have statutes or case law allowing for emancipation, it is not an option. You cannot file for emancipation in another state that you may wish to move to once emancipated.

If you do not have parental consent for legal emancipation, the odds of it being granted are nil.

 

[Happy Trails]

What is the name of your state? Arizona


Hi my name is Jordan McMurray(16). I just recently moved from Michigan to Arizona. With me and my brother(17) still in highschool, the move has been really rough. its just a completely different world here then what we were in. so going on about 3 months here we are going through a sort of depression you could say. were doing bad in school, and we fel like we need to go back. however our parents although sympathizing with us do not think it is a good idea at all. and they do not support us to go back and stay with others. but its what my and my brother have decided we wantt o do. we dont want to have to move out from home so soon, but we are doing horribly here.

so basiclally my dad said i might have to look into emancipation so i could enrol in school up there. is that the truth? well im willing to do whatever i need to. if it seems realistic for me to do.
im a little sketchy about thisi hoel thing, but if its what i have to do.


any advice??

Emancipation is rare and difficult to do. I will provide you the statutes concerning this issue and you will see why.

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:
[list:877fabd75b](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:
[list:877fabd75b](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.


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.

 

[JordanJames]

thanks guys. the information helps alot. but i guess my true question styill would have to be.. is there any other way tha i would be able to go to MI. live with my friend(they have already agreed as well). and enroll in school without having to get emancipated. i mean is there anything else legally that i could do instead. like have parents permission for anything. or anything like that.

i just need a way to go to mi and be allowed to enroll in school.

 

[panther10758]

If you have parental consent yes however they (your parents) will still be legally responsible for you