QUESTION

Is there a way he can get emancipated to be a part of his child's life as well as mine?

Asked on Apr 05th, 2014 on Child Custody - Arizona
More details to this question:
I live in Arizona. My boyfriend and I are only 16 years old and we accidentally got pregnant. We are going to keep the child but his mother does not like me and won't allow him to come over or have any contact with me. His mother said he isn't allowed to see me or his child until he is 18 years old. Is this illegal for her to do? Also he wants to move in with me and my mother but his mother won't allow him to get emancipated and he can't leave because he would be considered a runaway.
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1 ANSWER

Divorce Attorney serving Phoenix, AZ at Heller Law Office, PLC
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The procedures and process for a court emancipation are fully set-out in A.R.S. 12-2451 et seq. If he is an Arizona resident he can apply at age 16 or 17 in the Superior Court in the County where he resides. He must be financially self-sufficient. He must file a petition avowing the necessary facts and that emancipation is in his best interests and prove he can support himself. He should have been living on his own for three months or demonstrate why living at home is not a healthy or safe environment. The court may consider such things as his wishes and his parents, his financial situation, his education and success at school, whether he has a criminal record, and whether he understands the risks of emancipation. Beyond just the legal rights, this might be a situation where it would be worthwhile to bring in a counselor, clergy member or mediator to work with you, your boyfriend and your respective families. It is normally most helpful for any new baby, and the new parents, to have the support of as many family members as possible. Therefore, in order to understand the full consequences of potential actions, and to avoid burning bridges, it might be worthwhile to attempt a more amicable resolution first. Congratulations and best going forward!
Answered on Apr 11th, 2014 at 8:45 AM

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