How can I legally separate from my abusive parents?

Full question:

I’m a 16-year-old living with my parents in Phoenix, Arizona. My parents are physically and mentally abusive and I cannot think I can continue living with them. I have some money saved up from working part-time and I have good grades at school. I believe continuing to live with my parents would be harmful to me both physically and mentally. How can I legally separate from my abusive parents?

• Category: Minors
• Subcategory: Emancipation of Minor
• Date: 04/07/2025
• State: Arizona

Answer:

The age of majority in Arizona is 18. However, emancipation is a legal process by which a minor can be legally free from their parents or guardians. A minor who is emancipated has the same rights and duties as an adult. In Arizona, a minor who is sixteen years old or above can apply to be emancipated, provided that they are a resident of Arizona and can support themselves. The requirements and directions to be followed by a minor looking to be emancipated are contained in ARS 12-2451:
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:
(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.
 
A petition requesting emancipation must be filed in the superior court of the county where the minor resides. Further, once a petition for emancipation is filed, the court will set a hearing within ninety days. Also, it is the duty of the minor requesting emancipation to convince the judge that  it is in their best interests to be emancipated. The court may consider factors like the minor’s financial situation, education, and success at school, criminal record etc.
 
Once a minor is emancipated, the parents do not have to support the minor or provide the minor with medical care. Further, they have no claim to the minor’s income and they cannot be held legally responsible for the minor’s actions. Here, the best recourse seems to file a petition for emancipation in the superior court of the county that you live in and if needed hire a lawyer to represent you at the hearing. The success of the emancipation petition will depend upon whether or not you can convince the judge that living with your parents is not in your best interests.