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:
- State: Arizona
Answer:
The age of majority in Arizona is eighteen. However, you can seek emancipation, which allows a minor to become legally independent from their parents or guardians. In Arizona, a minor who is at least sixteen years old can apply for emancipation if they meet certain criteria.
To be eligible, you must:
- Be at least sixteen years old.
- Be a resident of Arizona.
- Be financially self-sufficient.
- Understand the rights and responsibilities of being emancipated.
- Not be under the care of a state agency.
You need to file a petition for emancipation with the clerk of the superior court in your county. The petition must include:
- Your name, address, social security number, and date of birth.
- Your parent's or guardian's name and address, if known.
- Details supporting your case, such as:
- Your ability to manage your finances (proof of employment or support).
- Your ability to handle personal affairs (proof of housing).
- Your capability to live independently.
- Your commitment to education or work.
- How you will access healthcare.
- Any other relevant information.
Once you file the petition, the court will schedule a hearing within ninety days. You must convince the judge that emancipation is in your best interest, considering your financial situation, education, and any criminal record.
After emancipation, your parents will not be responsible for your support or medical care, and they will not have claims to your income. If you decide to pursue this, it may be helpful to hire a lawyer to assist you with the process.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.