1. A minor who desires to become emancipated may file a petition for an order of emancipation in juvenile court if all of the following apply:
a. The minor is sixteen years of age or older.
b. The minor is a resident of this state.
c. The minor is not in the care, custody, or control of the state.
Terms Used In Iowa Code 232C.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. A petition filed pursuant to this section shall contain the following:
a. The petitioner’s name, mailing address, and date of birth.
b. The name and mailing address of the petitioner’s parents or legal guardian.
c. Specific facts to support the petition including but not limited to the following:
(1) The minor has demonstrated financial self-sufficiency, including proof of employment or other means of support, which does not include assistance or subsidies from a federal, state, or local governmental agency.
(2) The minor has demonstrated an ability to manage the personal affairs of the minor.
(3) The minor has demonstrated an ability and commitment to obtain and maintain education, vocational training, or employment.
(4) Any other information considered necessary to support the petition.
d. Any one of the following:
(1) Documentation that the minor has been living on the minor’s own for at least three consecutive months.
(2) A statement explaining the reasons the minor believes the home of the minor’s parents or legal guardian is not a healthy or safe environment.
(3) A notarized statement that contains written consent to emancipation by the minor’s parents or legal guardian.
3. The court shall hold a hearing on the petition within ninety days of the filing of the petition. Notice of the hearing, with a copy of the petition attached, shall be served by personal service on the minor’s parent or legal guardian at least thirty days prior to the hearing date. Any other parties shall be notified as provided by the rules of civil procedure for service of an original notice.
4. The minor may participate in the court proceedings on the minor’s own behalf, or may be represented by the minor’s own counsel, or the court may appoint a guardian ad litem on behalf of the minor.