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Emancipation Packet - New Mexico

Emancipation Packet Form. This is a New Mexico form and can be used in McKinley County 11th Judicial District Local District Court .
 Fillable pdf Last Modified 12/18/2013
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STATE OF NEW MEXICO COUNTY OF McKINLEY 11TH JUDICIAL DISTRICT COURT In re: Emancipation of _________________________, a minor. No D-1113-CV-_______________ PETITION FOR DECLARATION OF EMANCIPATION COMES now the Petitioner, _______________________________ (name), and prays this honorable court for its order declaring Petitioner to be an emancipated minor pursuant to §32A21-1 to §32A-21-7 N.M.S.A 1978. The Petitioner states the following: Petitioner has lived in McKinley County, New Mexico since the _____ day of ______________________, 19_____. Petitioner was born on _____________________, 19________. Petitioner prays the Court to issue a Declaration of Emancipation for the following reasons (check all that apply): [] [] [] is willingly living apart from his/her parents, guardian or custodian; is managing his/her financial affairs; is in the best interest of the minor. ______________________________________ Petitioner signature ______________________________________ Petitioner printed name ______________________________________ Mailing Address ______________________________________ City/State/Zip ______________________________________ Telephone 1 American LegalNet, Inc. www.FormsWorkFlow.com State of New Mexico ) ) ss. County of McKinley ) I, _________________________________ (name), Petitioner in this action, have read the foregoing document, understand its contents, and affirm that it is true. ____________________________________ Petitioner signature SUBSCRIBED AND SWORN TO before me this _____ day of ___________________, 20______. ___________________________________ Notary Public or Official Authorized to Administer Oaths My commission expires: ____________________________________ 2 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF NEW MEXICO COUNTY OF McKINLEY 11TH JUDICIAL DISTRICT COURT In re: Emancipation of _________________________, a minor. AFFIDAVIT STATE OF NEW MEXICO ) ) ss. COUNTY OF McKINLEY ) No D-1113-CV-_______________ Come now ____________________________________, Father, and ______________________________, Mother of the Petitioner in the above-captioned action and being duly sworn state as follows: 1. They are parents of ________________________________, Petitioner in this action. 2. The Petitioner is willingly living separate and apart from them and has been living on his/her own since the _______ day of ___________________________. 20___. 3. 4. 5. They do not manage the Petitioner's financial affairs. It is in the best interest of Petitioner that he/she be declared emancipated . They waiver any right to oppose the issuance of a Declaration of Emancipation. 1 May 2010 revision American LegalNet, Inc. www.FormsWorkFlow.com 6. They waive any further right to notice of any hearing to be held in this matter. ___________________________________ Father of Petitioner ___________________________________ Mother of Petitioner 2 May 2010 revision American LegalNet, Inc. www.FormsWorkFlow.com STATE OF NEW MEXICO COUNTY OF McKINLEY 11TH JUDICIAL DISTRICT COURT In re: Emancipation of _________________________, a minor. No D-1113-CV-_______________ DECLARATION OF EMANCIPATION THIS COURT, having examined the pleadings, heard the evidence, and being otherwise advised, FINDS: 1. The Petitioner, _________________________________(name), is a minor subject to the jurisdiction of the Court. 2. The Petitioner, who is sixteen (16) years of age or older, is entitled to a Declaration of Emancipation for the following reasons: [] [ [ 3. ] ] is willingly living apart from his/her parents, guardian or custodian; is managing his/her financial affairs; is in the best interest of the minor. The parent/guardian of Petitioner has consented or been contacted and has/has not not objected to the entry of this order. IT IS THEREFORE ORDERED, DECREED AND ADJUDGED that Petitioner, _______________________________, is declared to be an emancipated minor pursuant to §32A-21-1 to §32A-21-7 N.M.S.A 1978. The Petitioner is entitled to be considered as being over the age of majority for the following purposes: 1 May 2010 revision American LegalNet, Inc. www.FormsWorkFlow.com [ ] consenting to medical, dental or psychiatric care without parental consent, knowledge or liability. [ [ [ [ [ [ ] his/her capacity to enter into a binding contract. ] his/her capacity to sue and be sued in his/her own name. ] his/her right to support by his parents. ] the rights of his parents to his earnings and to control his/her. ] establishing his own residence. ] buying or selling real property. [ ] ending all vicarious liability of the minor's parents, guardian or custodian, for this minor's torts; provided that nothing in this section shall affect any liability of a parent, guardian, custodian , spouse or employer of a minor imposed by the Motor Vehicle Code or any vicarious liability that arises from an agency relationship. [ ] enrolling in any school or college. ____________________________________ District Judge 2 May 2010 revision American LegalNet, Inc. www.FormsWorkFlow.com
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