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Childs rights

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Sharon Crocker

I was wondering what age can a minor in the state of Arizona make a decision on who they want to live with?We had a almost 16 yr.old that was living with us until last night since jan.the 1st.because she doesn't get along nor does she like her step father he is mentally abusive to her.So we decided back in Jan. of this year to let her come live with us,last night her mother decided to take her out of our home.we are not related to her just good friends.
Thanks Sharon

[Edited by Sharon Crocker on 05-19-2001 at 01:57 AM]


Senior Member
basically she wants to be emancipated.

i have searched throug arizona and they really do not address emancipation directly.

in general:

What is emancipation?

Emancipation is a legal process in which a minor (a person under 18) petitions the court to have herself declared a legal adult. Emancipation laws vary from state to state, but generally emancipation ends the parents= legal duty to support the minor, and also ends the parents= right to make decisions about the minor=s residence, education, health care, and to control the minor=s conduct. However, it does not mean that the minor is the same as an adult for all purposes (for example, voting and alcohol-purchase age laws are not affected by emancipation). The extent to which an emancipated minor is treated as an adult varies from state to state, but emancipated minors generally can enter into binding contracts, sue and be sued, establish a residence, and consent to medical treatment on the same basis as adults.

What are the requirements for emancipation?

Minors who marry or join the armed forces generally qualify for emancipation. In addition, most states allow emancipation of minors upon proof that they are capable of living as adults. These laws vary from state to state, but they generally require that: (1) the minor is managing her own finances, has a legal source of income, and is not financially dependent on her parents; (2) the minor is living independently from her parents (some states require a separate residence; others allow emancipation of minors who still live in their parents= home but pay rent or otherwise show independence); and (3) emancipation would be in the minor=s best interest.

Some states specifically exclude public benefits such as TANF from being considered as a source of income when a minor petitions for emancipation. A few states also allow emancipation to be revoked if a minor later becomes dependent on public benefits. How the TANF rules apply to emancipated minors is still an important question, however, because many states do not restrict emancipation to minors who are not on public assistance, and even in states that do, the need to apply for TANF could arise after a minor is emancipated (e.g., if she loses a job).

Some states also require the consent or acquiescence of the minor=s parents. Also, some states require that the minor already be living independently at the time of the emancipation petition; others allow emancipation upon a showing that the minor has an acceptable plan to live independently in the future.

Most states= emancipation laws do not discuss how courts should handle cases where the minor has a child. One state (Connecticut), requires consideration of the best interests of Aany child of the minor.@ Several other state laws include criteria that courts could interpret to include the interests of the teen=s child, such as whether the minor is able to manage her Apersonal affairs,@ whether emancipation is in the best interests of the minor=s family, etc.


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