Emancipation
For more information about
What are my rights and obligations if I
am emancipated? emancipation in Arizona In
Visit: w w w . l a w f o r k i d s . o r g
Arizona
If the judge grants your petition for emancipation
you will be treated 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 estate
• the right to live independently
• the legal duty to pay child support if you
have a child
• the ability to apply for loans and create
your own debt
• the right to consent
to medical, dental
and mental health
care for yourself
and your child and Administrative Office of the Courts
obtain your records Dependent Children’s Services Division
1501 West Washington, Suite 128
• the right to further
your education Phoenix, AZ 85007
• the right to obtain
social services Questions
And
• the right to operate
certain equipment
and perform certain
services Text provided under agreement by the
Answers
Honorable Thomas Jacobs
Do I have to go to court for a hearing? How does my emancipation affect my
parents?
When you file your petition for emancipation the
court will set a hearing within ninety days. You Once you are emancipated your parents no
must be at the hearing and you may have a lawyer longer have to support you or provide for your
present to represent you. Your parents or medical care. They have no claim to your income
guardian will also receive notice of the hearing. and they cannot be held legally responsible for
your actions.
What if my parents object to my
emancipation?
If your parents or guardian object the court may
send all of you to mediation where you may work
out a solution. If you don’t reach an agreement
What is emancipation? the judge will decide whether to emancipate you
or not based on what is in your best interests.
Emancipation means that you are legally free
What do I have to show the judge?
from your parents or legal guardian. Once
emancipated you have many of the same rights
At the hearing it is your responsibility to convince
and obligations as an adult.
the judge that it is in your best interests to be
emancipated. The court will consider the
Who can apply to be emancipated? following:
You must be sixteen or seventeen-years-old to • your wishes and your parents’ opinion
apply for emancipation. You have to be a regarding emancipation
resident of Arizona and be able to prove that you
can support yourself. The court will give you • your financial situation and whether you
information about the risks and consequences of are independent from your parents – proof
being emancipated as well as your rights and of employment or other means of support,
obligations as an emancipated minor. You including housing and health care
cannot apply for emancipation if you are a ward
of the court or in the custody of a state agency. • your education and success at school
Does emancipation affect my driver’s
• whether you have a criminal record license?
Where do I apply? Yes, once emancipated your driver’s license will
• whether you understand the risks of
Include the words “Emancipated Minor” on it. You
Your request [petition] to be emancipated must emancipation
can take your emancipation document to the
be filed in the superior court of the county where You must also show that you have either been Department of Motor Vehicles and obtain a new
you live. The court may have an emancipation license. Emancipation does not change the legal
living on your own for three consecutive months, drinking age of 21.
form that you can use. A filing fee may be or why living at home is not a healthy or safe
reduced or waived by the court. environment, or provide written consent for
emancipation from your parents or guardian.
