12-2451. Petition for emancipation order; requirements; notification; representation; waiver of filing fees
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.
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.
(g) At least one of the following:
(i) Documentation that the minor has been living on the minor's own for at least three consecutive months.
(ii) A statement explaining why the minor believes the home of the minor's parent or legal guardian is not a healthy or safe environment.
(iii) A notarized statement that contains written consent to the emancipation and an explanation by the minor's parent or legal guardian.
(h) Whether the minor has obtained an offer of employment.
C. The court shall hold a hearing on the petition within ninety days after the date of its filing and shall notify the petitioner and the petitioner's parent or legal guardian of the date and place of the hearing by certified mail at least sixty days before the hearing date. For good cause shown, the court may continue the initial emancipation hearing.
D. The minor's parent or legal guardian may file a written response objecting to the emancipation within thirty days after service of the notice of the hearing.
E. The minor may participate in the court proceedings on the minor's own behalf or be represented by an attorney chosen by the minor. If the court determines it necessary, the court may appoint a guardian ad litem for the petitioner.
F. The court may reduce or waive the fee prescribed in section 12-284 for filing a petition for emancipation of a minor for financial hardship.
Notes of Decisions
Cited in
29
cases, 1980–2019 · leading case:
Guzman v. Guzman, 854 P.2d 1169 (Ariz. Ct. App. 1993).
Guzman v. Guzman, 854 P.2d 1169 (Ariz. Ct. App. 1993).
· cites it 4× “Subsection (A) of that statute provides that “[ejvery man and woman shall have the duty to provide all reasonable support for his or her natural and adopted minor, un-emancipated children.”
Lamb v. Superior Court, Etc., 621 P.2d 906 (Ariz. 1980).
· cites it 4× “NOTES [1] A.R.S. § 12-2451 imposes a general duty on parents to support their children, but there is no duty on one parent to pay a certain sum to the other parent for child support.”
State v. Buhman, 887 P.2d 582 (Ariz. Ct. App. 1994).
· cites it 6× “” The state encourages us to consider within that chapter section 12-2451, entitled “Duties of support; definitions,” which provides in pertinent part: A.”
Marriage of Gore v. Gore, 821 P.2d 254 (Ariz. Ct. App. 1991).
· cites it 7× “§ 25-320(C) and A.R.S. § 12-2451 in the same house bill. The amendment to A.”
Marriage of Fenn v. Fenn, 847 P.2d 129 (Ariz. Ct. App. 1993).
· cites it 3× “section 12-2451 (West Supp.1992), which provides in part: (A) Every man and woman shall have the duty to provide all reasonable support for his or her natural and adopted minor, unemancipated children, regardless of the presence or residence of the child in this state____ Under…”
Campbell v. Campbell, 617 P.2d 66 (Ariz. Ct. App. 1980).
· cites it 7× “Before proceeding to a consideration of this question of standing, we note that without question the appellee-father still owed a duty of support to his child, notwithstanding the mother’s interference with his right to custody.”
Pflum v. Pflum, 660 P.2d 1231 (Ariz. Ct. App. 1982).
· cites it 6× “The question raised here is whether that general rule has been changed by the enactment of the Family Responsibility Act, A.R.S. §§ 12-2451 — 2458 (effective August 27, 1977).”
In the Appeal in Maricopa Cnty. Juv. Action No. JS-5209 & No. JS-4963, 692 P.2d 1027 (Ariz. Ct. App. 1984).
· cites it 2× “§ 8-531 defines “custody or legal custody” as “a status embodying the following rights and responsibilities: (b) The duty to protect, train and discipline the child, and (e) the responsibility to provide the child with food, shelter, education, and ordinary medical care____”…”
Cummings v. Cummings, 897 P.2d 685 (Ariz. Ct. App. 1994).
· cites it 2× “section 12-2451. The Father still has custody of the children half of the time during which he provides for their support.”
Smith v. Saxon, 918 P.2d 1088 (Ariz. Ct. App. 1996).
· cites it 4× “A.R.S. § 12-2451. Smith contends that the agreement and stipulated judgment violate this public policy by enabling Saxon to contract away his legal obligation to support his child.”
Guerra v. Bejarano, 133 P.3d 752 (Ariz. Ct. App. 2006).
· cites it 2× “2d 951, 953 (1956), and because parents are only obligated to support their unemancipated children, A.R.S. § 12-2451(A) (Supp.2005), the support obligation did not continue after the child’s emancipation.”
Hughes v. Creighton, 798 P.2d 403 (Ariz. Ct. App. 1990).
· cites it 2× “; A.R.S. § 12-2451(A). Since Hughes has no legal obligation to support the child, the court cannot order him to do so.”
— Ariz. Rev. Stat. § 12-2451(A) — 11 cases
Marriage of Fenn v. Fenn, 847 P.2d 129 (Ariz. Ct. App. 1993).
“section 12-2451 (West Supp.1992), which provides in part: (A) Every man and woman shall have the duty to provide all reasonable support for his or her natural and adopted minor, unemancipated children, regardless of the presence or residence of the child in this state____ Under…”
Guerra v. Bejarano, 133 P.3d 752 (Ariz. Ct. App. 2006).
“2d 951, 953 (1956), and because parents are only obligated to support their unemancipated children, A.R.S. § 12-2451(A) (Supp.2005), the support obligation did not continue after the child’s emancipation.”
Hughes v. Creighton, 798 P.2d 403 (Ariz. Ct. App. 1990).
“; A.R.S. § 12-2451(A). Since Hughes has no legal obligation to support the child, the court cannot order him to do so.”
— Ariz. Rev. Stat. § 12-2451(A)(2) — 1 case
Guzman v. Guzman, 854 P.2d 1169 (Ariz. Ct. App. 1993).
“Subsection (A) of that statute provides that “[ejvery man and woman shall have the duty to provide all reasonable support for his or her natural and adopted minor, un-emancipated children.”
— Ariz. Rev. Stat. § 12-2451(C) — 1 case
— Ariz. Rev. Stat. § 12-2451(E) — 1 case
State v. Buhman, 887 P.2d 582 (Ariz. Ct. App. 1994).
“” The state encourages us to consider within that chapter section 12-2451, entitled “Duties of support; definitions,” which provides in pertinent part: A.”
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