Emancipation Guidelines In Arkansas
Maybe you’re a teenager looking for emancipation, or perhaps you’re a parent who has been served with emancipation paperwork from your child. Regardless of your circumstances, receiving a court order for an emancipation hearing can be exhausting for both parties.
Emancipation is a legal process where a teenager files a petition to be considered a legal adult, allowing them to make their own medical, financial, and legal decisions. In the state of Arkansas, there are three valid ways to obtain emancipation. But seeking emancipation can be a lengthy legal process, so Arkansas minors should consider all their options before making a final decision.
Let’s dive into the details surrounding Arkansas’s emancipation laws and explore some additional resources for minors seeking independence.
The Three Legal Processes for Emancipation
In Arkansas, there are three options for a teenager to declare emancipation from their parents: military enrollment, marriage, or receiving a court-ordered declaration of emancipation.
Emancipation by marriage or military enrollment will require a parental signature. So, if a legal parent or guardian approves of a minor’s decision to marry or enter the military, the emancipation process is fairly easy — just sign on the dotted line.
However, not all parental figures will agree with their minor child’s decision. When that happens, a minor must go to court and prove they can support themselves. Here’s what the judge will need to know before ruling on an emancipation court case:
- Age (individual must be 17 years old)
- Proof of income and/or employment
- Ability to handle their financial responsibilities independently
- Willing to move out of the family home and housing plans
- Agreement to continue attending high school following emancipation
- Proof that emancipation would be in the best interest of the minor
All these requirements are crucial pieces of information for the judge — they need to be confident that an emancipated minor can manage adult responsibilities on their own. If there is any doubt, it’s highly unlikely for a judge to rule in favor of emancipation.
Additional Options For Minors
In 2021, the state of Arkansas only approved 211 emancipation cases. Unfortunately, we don’t have a statistic detailing how many cases were denied, but this low number highlights how difficult obtaining legal emancipation can be. However, not all hope is lost. There are still options for minors hoping to make their own financial, medical, and legal choices.
Removal Of Disabilities
Petitioning the court for “removal of disabilities” is much easier than filing for emancipation. Essentially, the removal of disabilities allows individuals 16 or older to conduct business transactions without parental approval.
Although the removal of disabilities still involves the court system, the judge only needs two vital pieces of information: the minor’s age and proof of their ability to conduct business. This will not eliminate all of the parental rights for decision making but provides a minor an opportunity to pursue their career and business goals on their own.
Housing Alternatives
Sometimes, the least expensive option is the best way to solve a problem. Before filing a petition for a removal of disabilities or emancipation, consider alternate housing options.
Is there a relative or close family friend who is willing to take the minor until they reach adulthood? Perhaps an arrangement can be made that allows the minor to stay elsewhere while parents or guardians maintain their decision-making rights.
Still Uncertain About Emancipation? Schedule A Consultation With Hickey & Hull
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