Tucson, AZ asked in Family Law and Juvenile Law for Arizona

Q: Does the minor have to file an emancipation petition in person? Or can a guardian receive it and fill it out at home?

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: Someone can assist a minor with completing a Petition for Emancipation, but the minor must be the one signing the Petition in the presence of a Notary. If a minor is not capable of completing a Petition for Emancipation, I would have serious concerns about their capacity to be found entitled to emancipation by the Court. Being emancipated means the minor is able to take care of THEMSELVES. If the minor needs assistance in completing a Petition to ask the Court to find that they can care for themselves, they likely need to remain in a guardianship.

You may well need to discuss this case with a competent family law attorney to determine if what you are actually seeking is a termination of parental rights. Two VERY different legal propositions.

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