ANSWERS: 2
  • For emancipation, you can apply for it if you are pregnant. But she has to apply.
  • Emancipation may occur during minority primarily by an act or omission of the parent and it cannot be accomplished merely by the act of the child alone. The emancipation may be partial or complete, and if only partial, it will free the child for only a part of the period of his minority or from only part of his parents' rights or for some special purpose, such as the right to earn and spend wages earned by the minor. However, if the emancipation is complete, it completely severs the parental relationships so as far as all legal rights and liabilities. The emancipation can be done expressly by the parent freely and voluntarily agreeing with the child who is then able to take care and provide for himself, that he may leave home, earn his own living and do as he pleases with his earnings. A contract to this effect may be done in writing or orally. It should be pointed out that the establishment of a separate place of abode by the minor may be evidence of emancipation and proof of the parents' consent to the child's departure from their home but may not establish emancipation. Clear, cogent and convincing evidence is necessary to establish emancipation. The underlying basis upon which emancipation will be found will depend on the proof of parental consent. Arizona has very little legal authority on the issue of emancipation, but our Arizona Supreme Court has determined that a minor may be emancipated as a matter of law upon marriage or entry into the military service (see Crook Vs. Crook, 80 Ariz 275, 296 P.2d 951 (1956).) In the event the marriage was dissolved or there was a discharge from military service during the minority, the intent of the parents as well as the minor's capacity for self-support would be determinative on the question of the continuing viability of emancipation.

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