Arizona Laws 12-2453. Factors; best interests of minor; burden of proof; emancipation orders; filing requirements
A. The court shall determine emancipation based on the best interests of the minor and shall consider all relevant factors, including:
Terms Used In Arizona Laws 12-2453
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Minor: means a person under eighteen years of age. See Arizona Laws 1-215
1. The potential risks and consequences of emancipation and to what degree the minor understands these risks and consequences.
2. The wishes of the minor.
3. The opinions and recommendations of the minor’s parent or legal guardian.
4. The financial resources of the minor, including the minor’s employment history.
5. The minor’s ability to be financially self-sufficient.
6. The minor’s level of education and the minor’s success in school.
7. Whether the minor has a criminal record.
8. Whether the minor has obtained an offer of employment.
B. The minor has the burden of proof by clear and convincing evidence.
C. The court shall file an emancipation order with the clerk of the court and issue a copy of the order to the minor and the department of economic security or its agent, if the minor is a child in a title IV-D case.
D. An emancipation order issued by a court pursuant to this article:
1. Is conclusive evidence that the minor is emancipated.
2. Terminates a dependency action as to the minor by operation of law.