15-11-725. Emancipation hearing; findings.

1. (1)

   Except as provided for in paragraph (2) of this subsection, the court shall issue an emancipation order if, after a hearing, it determines that emancipation is in the best interests of the child and such child has established:#

   1. (A)

      That his or her parent, guardian, or legal custodian does not object to the petition; or, if a parent, guardian, or legal custodian objects to the petition, that the best interests of the child are served by allowing the emancipation to occur by court order;#

   2. (B)

      That he or she is a resident of this state;#

   3. (C)

      That he or she has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support. ‘‘Other means of support’’ shall not include general assistance or aid received from means-tested public assistance programs such as Temporary Assistance for Needy Families as provided in Article 9 of Chapter 4 of Title 49 or similar programs under Title IV-A of the federal Social Security Act;#

   4. (D)

      That he or she has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing; and#

   5. (E)

      That he or she understands his or her rights and responsibilities under this article as an emancipated child.#

2. (2)

   If the court finds that the petition for emancipation is based upon the petitioner’s desire to enter into a valid marriage, the court shall not issue an emancipation order if the court further finds that:#

   1. (A)

      The petitioner is being compelled to marry against the petitioner’s will by force, fraud, or coercion;#

   2. (B)

      The petitioner is younger than 17 years of age, or the age difference between the parties is more than four years;#

   3. (C)

      The intended spouse was or is in a position of authority or special trust as defined in Code Section 16-6-5.1 in relation to the petitioner;#

   4. (D)

      The intended spouse has been convicted of or entered into a diversion program for a crime against a person under Chapter 5 of Title 16 that involves an act of violence or includes a child victim or is for a crime defined as a sexual offense under Chapter 6 of Title 16;#

   5. (E)

      There is a preponderance of evidence that the petitioner was the victim and the intended spouse was the perpetrator of statutory rape as defined in Code Section 16-6-3;#

   6. (F)

      The intended spouse has previously been enjoined by a family violence or stalking protective order, regardless of whether or not the person to be protected by the order was the petitioner; or#

   7. (G)

      The intended marriage is not in the best interests of the petitioner. A past or current pregnancy of the petitioner or the intended spouse or the wishes of the parents or legal guardians of the petitioner may be considered by the court, but shall not alone or together be sufficient evidence to determine the best interests of the minor.#

If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated child becomes 25 years of age.#

An emancipation obtained by fraud is voidable. Voiding an emancipation order shall not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect.#

A child or his or her parent, guardian, or legal custodian may appeal the court’s grant or denial of an emancipation petition.#