What is the process of getting emancipated in the state of Arkansas?
I was just wondering what is the process of getting emancipated in the state of Arkansas? I understand it is a big decision to make and stuff.... But I'm still wanting to know just for reference and what not.. So if you know that would be super amazing. Thanks :)
- Anonymous1 decade agoFavorite Answer
Minors – Emancipation of Minor – Arkansas
(a) The circuit courts and the chancery courts of this state or the respective judges thereof in vacation shall have the power to authorize any person who is a resident of the county and who has reached his sixteenth birthday to transact business in general and any particular business specified in like manner and with the same effect as if such act or thing were done by a person who had attained majority. Every act done by a person so authorized shall have the same force and effect in law and equity as if done by a person of full age.
(b) Letters testamentary, of administration, or of guardianship may be granted to any such person, if otherwise entitled by law to have or hold such fiduciary trust, with like effect as if granted to a person over the age of majority.
(c) The order of removal of disabilities may be made by the courts, or the respective judges thereof, in term time or in vacation.
(1) The circuit and chancery courts of any county in which a nonresident minor of the State of Arkansas owns real estate, or any interest in real estate, shall have concurrent jurisdiction to remove the disabilities of minority of such minor where the person has reached sixteen (16) years of age, as to such real estate. This may be done to enable the minor to sell and convey the real estate, or any interest therein, which may be owned by the minor or to mortgage or otherwise dispose of the real estate, as fully and effectually as if the minor was of full age.
(2) The order of removal of disabilities may be made by the courts, or the respective judges thereof in term time or in vacation, and, if made in vacation, shall be entered at large upon the records of the court.
(e) After the filing of a petition to remove the disability of a minor, the court shall fix a time and place for hearing the petition. At least twenty (20) days before the date of the hearing, notice of the filing of the petition and of the time and place of the hearing shall be given by the petitioner to any parent or legal guardian of the minor who has not joined in the petition. The notice shall be given in the same manner as is provided for summons under the Arkansas Rules of Civil Procedure. ~~
- CoreenLv 44 years ago
What david said about financial independence is spot on. Emancipation means you are financially cut off from your parents, and you are ineligible for Government financial assistance. So unless you have significant income to pay for rent, groceries, utilities, transportation costs, insurance, etc. you have no chance of getting emancipated, regardless of your home situation. Emancipation has nothing to do with how bad you have it at home, its not even an issue at an emancipation hearing, all that matters is your financial plan. In addition, Arkansas requires you to be 17 to even apply.