Emancipation

questions & answers

Question: can i move out at the age of seventeen with my parents permission?

Answer:

You may want to check out some of the questions on LawForKids.org.

If you have permission from your parents to move out you do not need a legal document to do so in Arizona, but they will still remain responsible for your welfare. Depending upon how you will be living, and how you will be supported, you will probably need to be emancipated. If you need to sign a lease, it is likely that a landlord will not rent to you without your parent's signature on the lease. You may have problems with curfew statutes. If your parents decide that they do not like the choices that you are making they could take back their permission, and you would have to go back and live with them, or go into court and ask the court to declare you emancipated. (See  ARS § 12-2451 which covers the requirements for "Emancipation" in Arizona).

If you are living with an adult who is not your parent, many of the problems of your minority (status as a minor) can be taken care of by the adult. However, that adult needs to be protected from allegations by your parents that he or she is interfering with their parental relationship. Therefore, that adult should have something in writing, signed in front of a notary public that gives him or her permission to care for you. This should clearly identify the persons involved, the date on which it is executed, the length of time that it is good for, and any other important things, i.e. who pays for any necessary medical treatment for you, etc. This can be done with a temporary guardianship document, which gives the adult temporary guardianship over you for a set period. A form for such a temporary guardianship may be available at your local superior court.

It would be best to discuss all of the factors of your new lifestyle and living arrangements with your parents and any other adults who may be involved. If you want to move out simply to avoid the problems of living with your parents, please be advised that moving out may create more problems than you are leaving. Learn as much about living on your own as you can before you do it.

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