New Mexico Statutes 32A-21-7. Declaration of Emancipation; petition; contents; notice;
mandate.
Terms Used In New Mexico Statutes 32A-21-7
- 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.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A. A minor may petition the children’s court of the district in which he resides for a declaration of emancipation as described in the Emancipation of Minors Act. The petition shall be verified and shall set forth with specificity the facts bringing the minor within the provisions of the Emancipation of Minors Act.
B. Before the petition is heard, notice shall be given to the minor’s parents, guardian or custodian in accordance with the Rules of Civil Procedure for the District Courts [1- 001 NMRA].
C. If the court finds that the minor is sixteen years of age or older and is a person described under Section 48 [32A-21-2 N.M. Stat. Ann.] of this act, the court may grant the petition unless, after having considered all of the evidence introduced at the hearing, it finds that granting the petition would be contrary to the best interests of the minor.
D. If the petition is sustained, the court shall immediately issue a declaration of emancipation containing specific findings of fact and one or more purposes of the emancipation, which shall be filed by the county clerk.
E. If the petition is denied, the minor has a right to file a petition for a writ of mandamus.
F. If the petition is sustained, the parents, guardian or custodian of the minor has a right to file a petition for a writ of mandamus if he appeared in the proceeding and opposed the granting of the petition.
G. A declaration of emancipation granted in accordance with the Emancipation of Minors Act shall be conclusive evidence that the minor is emancipated.