The Essential Guide to Emancipation Laws in Arkansas

What is Emancipation

Emancipation is a legal process that allows a minor to be considered an adult for most purposes, separate from their parents. To become emancipated in Arkansas, a minor must file a petition with the appropriate court and receive a favorable ruling in their case. Upon emancipation, an individual becomes responsible for themselves, no longer requiring parental consent for things like health care and other personal decisions.
There are some specific laws in place in Arkansas that trigger the emancipation of a minor under certain circumstances. For example, a person may become automatically emancipated if they join the military , if an individual reaches 18 years old (unless they are still currently living in a nursing home), if they get married, or if they get released from incarceration. It is possible for a minor to petition the court to have their status as an emancipated adult revoked if they were originally emancipated through some type of default.
While emancipation does grant a minor quite a bit of independence, it does not make them exempt from things like paying taxes or other legal responsibilities. The goals of emancipation are to provide parents relief from some of the responsibilities of parenthood and for individuals to gain the ability to make their own choices.

Arkansas Emancipation Laws

In Arkansas, there are rare circumstances when a minor may ask a judge to find that he or she is no longer subject to parental control by a parent or legal guardian. This is called "emancipation." The minor may ask for emancipation at any age, but the emancipation will not take effect until after the minor’s 18th birthday. The Arkansas General Assembly has provided a procedure for emancipation to ensure that it only occurs in appropriate circumstances. This procedure is designed to protect minor children from making decisions they may not fully understand and to prevent them from filing for emancipation solely out of a desire to be free from parental supervision and control. If the minor uses the emancipation procedure to escape these problems, the procedure provides safeguards to ensure that the minor’s best interests are protected. Parents continue to have rights and responsibilities for the minor’s actions after emancipation. These rights and responsibilities include child support and other duties that must be performed as specified under statute.
To request emancipation, the minor must be at least 17 years old and must file a petition in the court in the county where the parents, legal guardians, or custodial guardians reside. If a minor files for emancipation, the minor must prove to the judge that (1) he or she is a resident of Arkansas; (2) the parents, legal guardians, and custodial guardians have been notified of the request and that (3) the parents, legal guardians, and custodial guardians have been given an opportunity to be heard in a hearing; (4) emancipation is consistent with the best interests of the minor; (5) the minor has demonstrated the ability to be self-sufficient; the minor is capable of assuming obligations of adult life; and (6) the minor is capable of general comprehension.
Both the judge and the minor must complete an emancipation form. If this information has sufficiently been provided to the court through the filing of these forms, the court shall grant the petition. If the judge is not convinced, the court shall deny the petition for emancipation. The judge must look at the best interests of the minor and whether the minor is capable of assuming adult obligations. If the minor’s parents or custodial guardians do not agree with the court’s decision to grant emancipation, the judge shall issue a stay of the order until either a higher court determines the proper decision or the judge’s order is otherwise reversed on appeal. Emancipation is a significant measure and is rarely granted by a judge unless it shows that the minor is ready for emancipation and is in the minor’s best interest. If the minor has a doubt about whether he or she is ready for emancipation, the court can establish a plan to assist the minor in becoming self-sufficient and independent.

Who Qualifies for Emancipation?

Understanding Emancipation Laws in Arkansas: A Comprehensive Guide
Eligibility Criteria for Emancipation
While the process of litigation is certainly an option for a minor in the state of Arkansas to seek emancipation from his or her parents, courts are often hesitant to grant this status. A minor at least 17 years old may petition to a court of original jurisdiction for a Certificate of Emancipation. As a general rule, courts will only grant a Certificate of Emancipation if they determine that the minor is able to demonstrate the following:
• The minor is at least 17 years old.
• The minor is either (in the court’s opinion) capable of adequately supporting him or herself financially, or is living separately from the parents and providing more than half of his or her own support.
• The minor can adequately demonstrate that the grant of a Certificate of Emancipation would not have a materially adverse impact on his or her parents. This is especially important in cases where the parents are still resident in the family home of the minor.
• The emancipation would provide an identifiable benefit to the minor.
• Adequate arrangements have been made for the supervision and care of the minor.
• The parents have been given notice of the initiation of the proceeding for emancipation.
Some judges are more willing than others to grant a petition for emancipation, so it’s critical that the minor work with a family law attorney who can best prepare them for their court appointment and gather all of the evidence necessary for the court to consider as it pertains to these requirements.

The Emancipation Process in Arkansas

The path to emancipation in Arkansas involves several important steps. The process is outlined below:
Filing a Petition with the Court
The first step in the emancipation process is filing a petition with the appropriate court. Depending on your county, you can file a petition in either the circuit or district court. The petition must include various information required by state law and contain evidence necessary to support an emancipation order. Pay close attention to what is required, as the failure to include all necessary information can lead to a dismissal of your case.
The petition must also be accompanied by a release of information form signed by the minor, granting health care providers permission to release information to the court for its consideration. If available, a physical may be acquired from a private doctor or through the Minor’s Health Services Division. (The physical is not a requirement, however). The physical must include information about whether the minor is currently on medications, as well as vaccination records and results of any TB screenings. The medical information is used to assess whether the minor is capable of making independent choices regarding her care.
The hearing is typically held 30 days after receiving the petition, and notice must be provided to parents and guardians at least 10 days in advance of the hearing date. The court will consider the evidence and issue a decision (either granting or denying the petition) following the hearing.
Court Procedures
If the court determines that you have satisfied the requirements for emancipation, it will issue an emancipation order. The order will declare that the minor is legally allowed to do anything that a non-minor is permitted to do, such as signing a contract, applying for a credit card, or otherwise attending legal proceedings and engaging in legal business for herself. The court does not have to grant emancipation if it believes that the best interest of the minor would be jeopardized by doing so.
Written Agreement
You also have the option to enter into a written agreement with parents, guardians, or custodians that is signed before a notary public. This agreement grants emancipation as well as takes care of a number of issues that are sometimes considered by the courts as a precondition for emancipation. Some of these issues include:
While this option is available, it is not the preferred method for obtaining emancipation. The court generally has more information to consider, including the information available to the court-appointed attorney, through the petition for emancipation and the hearing. While the minor will also be able to provide evidence, the court may not have all of the necessary evidence before it to support an emancipation order. It is also likely that a court would be more willing to issue an emancipation order after a hearing than honoring a contract signed before a notary public.

Emancipated Minor’s Rights and Responsibilities

One area that many are unclear on is the rights and responsibilities of an emancipated minor. This does not grant the minor a "clean slate" of adulthood, as they are now seen through the legal system. In fact, it opens the door to more legal issues for emancipation, such as criminal prosecution. When a minor is under the care of their parents, they may be able to get away with minor crimes without receiving the same sentence as an adult. When they are emancipated, however, the law treats them as a responsible party capable of their own actions.
Some laws and rules stay the same for minor and emancipated minor, such as ages of minors in regards to sexual relationships with adults . In Arkansas, there are no laws preventing a sexual relationship between emancipated minors and adults (unless the adult is in a situation of authority). An emancipated minor can also work (and have the legal right without parental consent) to work in any job with no legal limits.
Often, emancipated minors must sign contracts and waivers that technically "legally" hold responsibility for injuries that could occur in their activities or living situation. These waivers also hold the minor responsible for paying any medical bills that may result from accidents. This is one of the few grey areas of emancipation, as the waiver is only held to be true when the minor is employed or working for a person, organization, or other party.

Challenges and Considerations

There are several important challenges that minors and their families may face when considering the possibility of emancipation. Education is often one of the foremost concerns. Many school districts have specific policies and procedures in place for students who are legally emancipated, or they may require students to follow standard enrollment processes for independent minors. This can result in additional time commitments to apply for admission into a new school system, and it could also add to the emotional turmoil experienced by an already vulnerable teenager. In addition, schools often take the positions that emancipated minors are not eligible for certain forms of financial aid through the district or state for similar reasons.
Employment may also have significant and complex ramifications. While states generally allow minors to work before they reach the legal age of 18, these jobs have restrictions. If the minor is emancipated and no longer living with his or her parents, employers often become legally obligated to treat them as adults. This could lead to the potential loss of a job if the minor is under 18, since they may no longer qualify for the same shifts or hours. Additionally, many forms of public assistance that are available for teenagers, including medical insurance coverage, are only available if the minor is living with his or her parents.
Finally, relying on a judge’s decision to emancipate a minor can also have significant impacts on family dynamics. Some parents may be opposed to the idea of their child gaining independence, and the decision to pursue emancipation may only add to the stress associated with this change in lifestyle. This could also impact the minor’s ability to form new relationships, such as friendships and romantic attachments. Relationships with siblings could also be impacted, either positively or negatively, removing any safety net that a child had previously.
Overall, there are many challenges and considerations that go into the emancipation process, and not all of them are necessarily positive for the minor or for parents. Those parents who are concerned about the potential impacts of separation with their children should consult with an experienced attorney in the area.

Alternatives to Emancipation

Not all cases will fall within the parameters of the emancipatory factors mentioned above. For such cases, there are other alternatives to full emancipation with respect to parental obligations. A minor may petition the court to remain within their current home but have one or both of their parents no longer pay child support. A minor who does not feel safe living with their parent may petition the court to have one of the child’s grandparents appointed as "custodian" or "caretaker" for the child. The grandparents would be required to provide a stable home for the child and guarantee him or her an education, but the non-custodial parent’s child support obligation would remain in place. Somtimes parents and grandparents are willing to allow a child to move into a more stable living environment without making the effort to attend court . In such cases, a minor is allowed to enter into a voluntary agreement with their parent that provides for the minor to continue living with the parent but also provides that the minor’s spouse, another relative or family friend, or any other adult, be permitted to make decisions regarding the minor’s medical and educational needs. This is referred to as power of attorney for the minor. If the power of attorney is to be used solely for education purposes, the minor’s parent is not required to be informed or consulted about his or her child’s education. The minor’s parent also retains the right to consent to his or her child’s medical treatment. With a little communication between a minor and his or her parent, it may be possible to avoid seeking judicial emancipation. From simple agreements that allow for certain individuals to make decisions regarding the minor’s future, to more complicated arrangements requiring court intervention, there is a solution for every minor who wishes to have more decision making authority while remaining under their parents’ custody or care.