There are many reasons why a minor may seek emancipation or adult rights separate from their parents before the age of 18. To gain certain rights typically only afforded to adults, minors can submit a petition to request that the courts emancipate them from their legal parents. While Arizona’s state laws provide a roadmap that can allow minors to sever their parents’ rights, the evidence necessary to do so successfully is extensive.
Parents may understandably wish to fight emancipation proceedings submitted by their minor child. It will be necessary to disprove the evidence the minor presents or submit competing evidence that makes a strong case against emancipation. Successfully completing either process will likely require the legal services of an experienced family law attorney.
At The Valley Law Group, our lawyers have extensive experience representing clients seeking emancipation or fighting to protect their parental rights. To help you determine whether emancipation is a possibility in your case, we’ve assembled a brief guide to minor emancipation in Arizona.
Key Facts About Minor Emancipation in Arizona
Emancipation is a complicated legal process, both for the minor seeking independence and any parent or guardian seeking to fight it. Consider these crucial facts about minor emancipation in Arizona.
Emancipation Bestows Certain Rights
Although emancipation does not make a minor a legal adult (something that can only happen at age 18), there are certain rights that an emancipated minor gains once a judge signs their order of emancipation.
An emancipated minor can:
- Enter into binding legal contracts
- Sue and be sued
- Buy and sell real estate
- Live independently
- Apply for loans
- Go into debt
- Consent to medical treatment
- Obtain medical records
- Apply for school
- Obtain social services
Emancipation Terminates Certain Rights of The Minor’s Parents
Following emancipation, the parents of an emancipated child can no longer claim them as a tax deduction by citing them as a dependent. They also lose any claim to their child’s income. Parents can no longer be held responsible for their child’s actions, meaning anyone injured by the child can not sue the parents in civil court. They also lose the legal responsibility to provide for the child’s housing, medical care, and food.
The Petitioning Minor Must Submit One of Three Evidence Documents to the Court
As part of the petition seeking emancipation, the child minor must submit one of three pieces of evidence.
These include proof that:
- The child has been living apart from the parents for at least three months
- A statement explaining why the child’s home is not safe or healthy to live in
- A signed and notarized document signed by a parent or guardian consenting to the child’s emancipation
Emancipation Comes with Age Requirements
To apply for emancipation, the petitioner must be at least 16. They must also appear in court. The law does not allow emancipation to be ordered simply through court filings.
The age of the child can be a key objective factor considered by the judge before making a ruling. Simply meeting the guidelines for emancipation does not guarantee that a judge will approve the emancipation. The judge may consider how close the minor is to 18 as well as subjective factors like their maturity level, their degree of financial independence, and more.
Emancipation May Involve Social Services
Because emancipation involves children, there are times when the Department of Social Services may become involved. For example, if the teen’s safety is in jeopardy, social services have an interest in becoming involved.
They may seek to investigate the parent’s home to determine whether the parents endangered the child in any way. Allegations of child abuse and neglect are always taken seriously by the courts. If social services become involved, they may recommend that the child be placed in a group home or foster care instead of emancipation.
Emancipation Allows Minors To Have Their Legal Status on Their Driver’s License
Once a child is emancipated, their driver’s license will be updated to reflect the new status. The ID will say “Emancipated Minor.” To obtain this updated license, the child needs to visit the Arizona Department of Motor Vehicles (DMV). They will need to bring the official emancipation document, which is the court-issued Order of Emancipation.
The minor will then be issued a new driver’s license that accurately indicates their legal independence. This updated license can serve as an important form of identification and proof of your emancipated status.
All Parties Involved Have the Right to an Attorney
When matters of parental rights are under discussion, the stakes can be high for the legal parents of the child. Both the child seeking emancipation and the legal guardian have the right to be represented by a family law attorney in court. Parenting is a fundamental right supported by numerousUS Supreme Court rulings.
Severing parental rights requires that the minor’s attorney meets the high burden of proof required for emancipation. It’s notable that one reason child actors are more successful in attaining emancipation than other minors is because they are better able to afford legal representation and financially support themselves after emancipation. They are also more likely to be able to successfully argue that their parents are mismanaging the actor’s finances.
Emancipation Is Not Open-Ended
Once a minor is emancipated, it is important to understand that this new legal status is not necessarily permanent. Emancipation grants a minor the rights and responsibilities of an adult, but it comes with the requirement of maintaining financial independence. This means the emancipated minors must consistently support themselves without relying on their parents or guardians for financial assistance.
If the minor’s circumstances change and they are no longer able to sustain their financial independence, their status as an emancipated minor can be revoked. This revocation can occur if the minor returns to live with their parents or guardians and becomes financially dependent on them once again. In such cases, the minor would revert to being a dependent, and their legal status would shift back to that of a minor under the care of their parents or guardians.
Emancipation Is Not the Only Remedy for an Unsafe Home Environment
Minor children and the courts may consider other remedies for unsafe homes or neglectful or abusive parents. If the child’s parents are not able or willing to provide a safe and stable home environment, a close relative or concerned close acquaintance may seek legal guardianship through the courts. The appointed guardian can make decisions on behalf of the child until the child turns 19.
Social services can provide resources and alternative environments for a child who is unsafe at their current home. The child can contact social services as an alternative to emancipation. In some cases, social services may become involved in an emancipation case when there is evidence that the child’s health and safety are in jeopardy.
Another option that can allow a child to legally live away from their parents is temporary custody. Relatives or friends of the family can provide a stable and loving environment without the need to sever the parental rights of the legal guardian of the child.
What to Expect at a Court Appearance for Emancipation
Emancipation is granted through the courts. A judge must approve emancipation by signing an emancipation order that the minor can use to show that they are no longer under the authority of a guardian or parent. As mentioned, emancipation is not permanent or open-ended. The minor child must continuously demonstrate that they are financially independent and living away from their parents. If the child moves home or loses their ability to support themselves, they may become a dependent minor once again, as dictated by a separate court hearing.
During any emancipation hearing, the judge considers the minor’s best interests. While the ongoing safety, security, and well-being of the child are of utmost concern, the judge will also evaluate the wishes and goals of the minor and their parents, the minor’s financial means and employment, educational background and maturity, any criminal record, and the minor’s understanding of emancipation’s risks and responsibilities.
The minor must prove financial independence, maturity, and decision-making capabilities, demonstrating that their current living situation is untenable. Both the parents and minor have the right to have legal representation who can argue for and against the merits of emancipation.
How The Valley Law Group Can Help
Emancipation is not only complex, but features high demands on both parties involved.The minor child must meet a high burden of proof to demonstrate that terminating their legal parents’ rights serves their best interests. Parents must also demonstrate that this proof is unfounded.
Whether you are opposing your child’s efforts to seek emancipation or helping a loved one seek emancipation from their parents, the attorneys of The Valley Law Group can gather evidence to demonstrate whether the emancipation is in the child’s best interest.
For parents, this can be done by arguing against allegations that your home is not safe and loving. The minor must demonstrate that they are financially independent. Any testimony or evidence that shows otherwise could weaken the petitioner’s case.
Minors seeking emancipation can benefit from legal representation. An attorney can cite the state’s statute on emancipation to demonstrate that you meet the legal standards for emancipation and that you can support yourself financially.
Arizona Emancipation FAQs:
Emancipation is a unique and often complex process. The general public may be aware of high-profile cases involving child actors, but few people ever experience the process first-hand. Although these cases are relatively rare, the outcome of any emancipation petition can have life-altering consequences for the parties involved.
At The Valley Law Group, we believe that it is important to educate the public and our clients on important aspects related to emancipation. During your emancipation consultation, one of our lawyers will go over these and other topics in depth so you can make informed decisions about your case.
Schedule Your Minor Emancipation Consultation Today
Emancipation is an intimidating and often emotional topic. Whether you are the guardian aiming to protect your parental rights, a minor seeking independence, or the guardian aiming to protect your child’s best interests, our emancipation attorneys are here to protect your rights and advocate for your interests. Demonstrating the facts of your minor emancipation case could lead the minor child to be once again placed under the legal supervision of parents if the child is unable to manage their finances responsibly, maintain stable employment, and ensure they can cover their living expenses.
Our family law attorneys have represented clients on both sides of this important issue. We always take the time to listen to our client’s unique needs while tailoring our approach to meet their specific goals. We have the experience and knowledge to successfully pursue a positive outcome for your case. Please contact our firm today to schedule your free emancipation consultation.
*Editor’s Note: This article was originally published November 10, 2022 and has been updated September 17, 2024.
Sources:
- Emancipation of Minors | Maricopa County, AZ. (2022). Maricopa.gov. https://www.maricopa.gov/871/Emancipation-of-Minors#:~:text=Emancipation%20Requirements
- City of Phoenix Social Services. (2019). Phoenix.gov. https://www.phoenix.gov/residents/socserv
- JE1H-010122.docx. (2024). Sharepoint.com. https://azcourts.sharepoint.com/:w:/s/CourtForms/EWOEzneKw_9HmlI1P_sNSvUBYLb2wn4clqyABIKIkt4_2g?rtime=9i6SRz3X3Eg
- Emancipation for Juveniles | Maricopa County Superior Courts. (2024). Maricopa.gov. https://superiorcourt.maricopa.gov/departments/superior-court/juvenile/emancipations/#:~:text=The%20law%20permits%20emancipation%2C%20contained%20in%20the%20Arizona
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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