Fill and Sign the Chapter 217 Emancipation of Minors Vermont Laws Form

INSTRUCTION SHEET FOR COMPLETION OF FORM 700-00125 AN EMANCIPATION PETITION RESIDENCE: You must be a resident of the State of Vermont for at least three months in order to petition for emancipation. WHERE TO FILE: The petition is filed in the Probate Division in the county where you reside at the time you file. You can find a list of all Probate Courts on the Vermont Judiciary website at: www.vermontjudiciary.org. NAME AND ADDRESS OF PARENTS OR CUSTODIANS: The law requires that you list the name and address of your parents if known. If the address of your parent(s) is unknown, please attach a separate sheet of paper and explain all the steps you have taken to try to locate a good address. The law requires that notice of the hearing on the emancipation be given to your parents and to any other person or agency who has custody or guardianship of your person. If a petition is pending concerning your custody, such as a petition for delinquency, unmanageability, or neglect in any court, you must list the name of the court and the kind of petition which has been filed. REQUIREMENTS FOR EMANCIPATION: Before the court can make an order or emancipation it must determine that (a) you are at least 16 years old; (b) that you have lived separate from your parents, custodian, or legal guardian for three months or longer; (c) that you are managing your own financial affairs; (d) that you have demonstrated the ability to be self-sufficient in your financial affairs including proof of employment or other support (“Other support” does not include general assistance, ANFC benefits, or relying upon the financial resources of a person who is receiving such assistance or aid; (e) that you either hold a high school diploma or that you are earning a passing grade in an education program approved by the court and directed toward the earning of a high school diploma or its equivalent; (f) that you are not under legal guardianship or in the custody or guardianship of the Commissioner for Children and Families or the Commissioner of Corrections; (g) that your emancipation is in your best interest considering such factors as whether you will be able to assume adult responsibilities, your adjustment to being on your own, the opinion of your parents, custodian or guardian, and whether the emancipation will create a risk of harm to you. You may address these factors in your petition and at the hearing. The criteria for becoming an emancipated minor are located in 12 V.S.A. § 7151(b). BURDEN OR PROOF: The burden is upon you to prove that you are eligible for an Order of Emancipation. If you fail to provide adequate evidence by the conclusion of the hearing (testimony or documentary evidence), the court must deny your petition. 700-00125I – Emancipation Petition Instruction Sheet (06/2017) STATE OF VERMONT SUPERIOR COURT PROBATE DIVISION Unit Docket No. In re: PETITION FOR EMANCIPATION OF ______________________________________, A Minor Of ____________________________________________, Vermont EMANCIPATION PETITION NOW COMES the undersigned minor Petitioner and represents to the Court as follows: 1. My full name is _____________________________________________________________________ My date of birth is ___________________________ My place of birth is __________________________________________________________________ 2. My current address is ________________________________________________________________ _______________________________________________________________________________ My phone no. is: ___________________________ My cell no. is: _________________________ My email address is: _________________________________________________________________ 3. The full names and current addresses of my parents are: (Father) Name: _____________________________________ Address: ____________________________________ ____________________________________ ____________________________________ Phone No.: __________________________________ (Mother) ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ 4. I have lived in Vermont since _________________, 20____, three months or longer. 5. Legal or physical custody or guardianship of my person has not been awarded to any person, the Commissioner of Corrections, the Department of Children and Families (DCF) or any other person or agency, except those listed below (If any, so state): Name: _____________________________________ Address: ____________________________________ ____________________________________ ____________________________________ Phone No.: __________________________________ 700-00125 – Emancipation Petition (06/2019) ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Page 1 of 3 (If any Order of Guardianship or Order of Custody has been given to some person or agency, please attach a copy of the Order. If a current legal action is pending concerning your custody or guardianship, please state the name of the Court in which the action is pending and the nature of that case.) Name of Court: _________________________________ Docket No.: _________________________________ County & State: ____________________________ Type of Case: ______________________________ 6. The specific facts which support the emancipation criteria pursuant to 12 V.S.A. §7151(b) are as follows: (Check all that apply) ☐ I am 16 years of age, but under the age of majority; ☐ I have lived separate and apart from my parents, custodian or legal guardian three months or longer, since ___________________________, 20____; ☐ I am managing my own financial affairs as follows: ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ☐ I have demonstrated the ability to be self-sufficient in my financial and personal affairs, including proof of my employment or other means of support, as follows: _____________________________________________________________________________ ______ _____________________________________________________________________________ ______ _____________________________________________________________________________ ______ _____________________________________________________________________________ ______ ☐ I hold a high school diploma or its equivalent; or I am earning passing grades in an educational program approved by the Court and directed towards the earning of a high school diploma or its equivalent as follows: ___________________________________________________________________________________ _____________________________________________________________________________ ______ _____________________________________________________________________________ ______ ___________________________________________________________________________________ 7. The emancipation is in my best interests, and the specific reasons for seeking emancipation are as follows: _____________________________________________________________________________ ______ _____________________________________________________________________________ ______ _____________________________________________________________________________ ______ _____________________________________________________________________________ ______ 700-00125 – Emancipation Petition (06/2019) Page 2 of 3 THEREFORE, I request that the Court, after notice to all interested persons and a hearing, make findings with respect to this Petition and enter an Order for my emancipation from my parents. Date Signature of Minor Petitioner Printed Name At _______________________________________________, Vermont, before me personally appeared __________________________________________________, and he/she did make oath that the information contained in the foregoing Petition is true and accurate as of the date hereof, according to his/her best knowledge, information and belief. Signed and sworn to before me: Date Signature of Notary Public 700-00125 – Emancipation Petition (06/2019) Expiration Date Page 3 of 3