Fill and Sign the Emancipation Removal of Disability of Minority Package Nevada Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF NEVADA EMANCIPATION PACKAGE Control Number – NV - EM - 001 NOTES ON COMPLETING THESE FORMS The form(s) in this packet contain “form felds” created using Microsoft Word. “Form felds” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form felds. o to the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a “shaded letter “a”. Click in this button and the form felds will be visible. By clicking on the appropriate form feld, you will be able to enter the needed information. In some instances the form feld and the line will disappear after information is entered. In other cases it will not. This is appropriate and the way the form is designed to function. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Nevada. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal efect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products ofered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDIN WARRANTIES OF MERCHANTABILITY, NONINFRIN EMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LE AL FORMS, INC. OR ITS A ENTS OR OFFICERS BE LIABLE FOR ANY DAMA ES WHATSOEVER (INCLUDIN , WITHOUT LIMITATION DAMA ES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISIN OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LE AL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMA ES. I. EXPLANATION OF PETITION FOR EMANCIPATION OF A MINOR A. In Nevada, an action for a court ordered “Emancipation”, begins with the fling of a Petition in the Juuvenile Court. The Petition must contain certain information. The forms in this packet include the necessary information for the emancipation of a Minor in the State of Nevada. B. You can use this packet if: ► The individual who is the subject of the Petition is at least 16 years of age and under 18 years of age, living apart from her or his parents, and a resident of the county in which the Petition for Emancipation will be fled. ► The Petitioner(s) is (are) an appropriate party, under the circumstances, to request the emancipation. ► There is a proper and reasonable basis for the emancipation of the minor. II. WHAT FORMS ARE INCLUDED 1. Petition for Emancipation 2. Decree of Emancipation 3. Affidavit of Service 4. Notice of Entry of Decree of Emancipation A. Petition for Emancipation – This document states the reasons and other required details for the emancipation. B. Affidavit of Service C. Decree of Emancipation of a Minor. This is the fnal statement of the legalities and terms of the emancipation. Once this form is signed by the Juudge and fled with the court, the Emancipation is efective. Note: This package contains forms for use throughout your State. However, some Counties, or Juudges may require a diferent form, or modifcation to these forms. If this happens, please consult with your local Court Clerk. If you are required to use additional forms, please advise us by sending an e-mail to orderinfo@uslegalforms.com. III. PROCEDURE FOR EMANCIPATION OF A MINOR FOR THE STATE OF NEVADA A. Preliminary Note: 1. The attached forms may be completed by: a. Printing the forms and completing by hand. Use black ink and print neatly. b. Printing the forms and completing using a typewriter. c. By completing the forms on your computer using a word processing program and then printing the forms. 2. Use complete names and not initials. Check your spelling carefully, a misspelled word can delay the Petition. 3. Print enough complete sets of forms to have a copy for yourself and all parties entitled to notice and a copy and the original for the court. 4. All forms with a heading – the name of the court, the Petitioner’s name, the case number, and the name of the document – require that the heading be completed. You will need to add the name of the court and the full name of the Minor. The “Case No.” will be assigned by the court clerk at the time of fling. 5. Forms that require your signature and include a notary block MUST be signed in the presence of the notary or court clerk who will complete the acknowledgement. Use your complete name – frst name, middle name, and last name. 6. When a form is fled with the court, request the clerk “fle-stamp” one copy of the form for your fle. 7. A Law Summary is available and can be printed for your State. To do so, go to where you located this package and select the Law Summary link under the form title and print. Review the Law Summary before beginning the process of completing the forms. B. Procedure Step 1: Complete all the forms using complete names – middle names instead of middle initials. Note that the provisions of the Petition are designed to provide the court with the required information and the specifc information regarding the minor’s circumstances that will enable the Court to determine if the emancipation is appropriate. Appropriate in this instance being something reasonable under the circumstances. Step 2. Filling in the Petition for Emancipation 1. Starting in the upper left hand corner, fll in your name, address and telephone number. Line 11: Fill in the name of the minor requesting emancipation. 2. Lines 18 thru 27: Fill in the requested information as to your name, age, date of birth, residency as to what County and current address. 3. Page 2 - Line 1: Fill in the date you started living continuously apart from your parents or legal guardian(s). Line 2 thru 19: There are certain statements not in the form petition which based on circumstances, may be required to be in the petition. Those paragraphs are, for most part, not included in the form petition since they should not commonly occur (see a thru d immediately below). If any of those situations exist, you should incorporate the necessary language into your petition. 4. Situations which may not commonly occur: a. If there is no parent or guardian, then the petition must include the name and address of the child’s nearest known relative residing within the state. See paragraph 10. b. If the parents are divorced, the petition should so state and indicate who is charged with the legal and physical custody of the Petitioner. See either paragraph 7 or 8. c. If a natural parent has had parental rights terminated, this fact should be stated. See either paragraph 7 or 8. d. If a step parent exists, related by marriage to either of the natural parents, and such step parent has adopted the petitioner, the fact must be affirmatively stated. See page 3, paragraph 13. There are certain optional paragraphs in this petition which should be crossed out if not applicable, such as: a. Paragraph 9 requires the guardianship address where there are no parents and there is a legal guardian. b. Paragraph 12 includes the N.R.S. 392.040 option if the petitioner is not going to school. If circumstances require that you must support yourself, you can be excused from school. If you have completed the 8th grade and have received written permission from the school board or from the Juuvenile Court, you may be excused from the full time requirement of school. However, you must state this in the petition and attach a copy of the documentation (e.g., School Board letter). c. Paragraph 13 relates to step parents. d. Paragraph 14 discusses employment. It is not absolutely necessary that the petitioner be employed. It is necessary, however, that the petitioner show that he or she can support him or herself without any assistance. 5. If you are employed and the related wages do not contribute all the funds needed to meet monthly expenses, the petition should state all additional sources of support or income you are receiving to allow you to meet your required monthly expenses. 6. If any of the facts required by the petition are not known, you must state they are not known. a. After completing the petition, date and sign the petition and have your signature notarized. b. If the parents (or guardian) agree with the emancipation, have them sign the petition. Step 3: Make enough copies of your petition so you can serve all parties involved with a copy, provide the original and one (1) copy to the Court, and keep one copy for yourself. Step 4: The original petition must be fled with the Clerk of the District Court Office, File Clerk’s Office Step 5: Application for Hearing - The court clerk will direct you to the juvenile court clerk who will set a date for your hearing. The juvenile court clerk will give you a form entitled "Application for Hearing" on which the clerk will enter the date and time for your hearing. There is no strict time limit for you to follow, however, if it is important that you obtain emancipation quickly, notify the clerk. The date which is set for your hearing must take into consideration the time necessary to serve the notice to all involved parties. Step 6: Service of Notice and Petition The notice of hearing and petition for emancipation must be "served" upon the parents (or guardians). If neither parents nor guardians exist, then notice must be served upon the closest relative living in Nevada. To “serve” someone with your petition means to have a copy of your petition given to that person in a manner prescribed by law. If the minor is a ward of the Court, the notice of hearing and petition for emancipation must be served upon the probation officer and upon the District Attorney. Call the District Attorney’s office to request the name of the correct person to serve with your petition. Your petition and notice of hearing can be served by the Sherif’s Department or you can have anyone over the age of 18 years of age, who is not a party to this action, serve the notice and petition on all the above parties. They must then complete the Affidavit of Service by flling in the name of the person served. Make copies of the Affidavit form and complete one Affidavit of Service for each person served. After the person who serves the petition and notice of hearing completes the affidavit, in the presence of a notary, he or she or you must take the affidavit to the court clerk and ask to have it fled. Step 7: The Hearing 1. Prepare your Decree of Emancipation prior to the hearing. 2. Show up for the hearing at the time and place indicated on the notice. 3. Bring to court with you: a. Budget b. Rent receipts c. Checks stubs 4. ive the Juudge your decree. 5. After the hearing, assuming the Juudge states that you are emancipated and signs the decree, get copies of the signed decree. 6. File with the court clerk a completed "Notice of Entry of Decree of Emancipation" form from the packet, but make copies frst. 7. Send copies of signed "Decree" and "Notice of Entry" to all persons who were notifed of the hearing. 8. Keep additional copies of the decree and notice of entry so you can prove that you are emancipated to people you may need to convince (e.g., banks, employers, etc.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CODE: 3518 Name:       Address:             Telephone:       Acting in Proper Person IN THE FAMILY DIVISION OF THE ____________ JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF __________________ IN THE MATTER OF:       Case No. __________________ Dept. No. __________________ A minor under the age of Eighteen Years       PETITION FOR EMANCIPATION The minor, ____________________________________ , hereby petitions this the Court for a Decree of Emancipation pursuant to N.R.S. 129.080 et seq. The Petitioner, ______________________________ , states: 1. He/She is __________________ years old and was born on __________________ , ______ . 2. He/She is a resident of ____________ County and has been residing in ____________ County since __________________ . 3. His/Her current address is ______________________________________________ , and Petitioner has lived continuously apart from his/her parents (or legal guardian(s)) since ________________________ . - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Petitioner ____________________________________ , pays $ ____________ per month for rent at the above stated address. Such funds are derived from his or her employment. 5. That Petitioner willingly lives apart does not live apart from his/her parents or legal guardian. 6. Petitioner lives apart from his/her parent (s) or legal guardian with the consent and acquiescence without the consent and acquiescence of his/her parents or legal guardian. 7. Petitioner’s natural mother, ______________________________________________ , resides at ____________________________________________________________ . 8. Petitioner’s natural father, ______________________________________________ , resides at ____________________________________________________________ . 9. ____________________________________ , residing at ______________________________ , is Petitioner’s legal guardian. 10. Petitioner’s natural mother, natural father, or legal guardian cannot be found. The name of the minor’s nearest living relative in Nevada is ______________________________ . 11. Petitioner is a ________________________ at ________________________ High School; is maintaining a grade point average of ____________ , has an excellent attendance record; and will complete high school during the academic year of ____________ 12. That Petitioner has been excused from attending school pursuant to N.R.S. 392.040 to 392.125, specifically ____________________________________ . 13. ______________________________ , Petitioner’s stepparent, is married to ______________________________ , and resides at ____________________________________ has has not legally adopted Petitioner. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. Petitioner is managing his or her own financial affairs. The source of his or her income is not derived from any activity declared to be a crime by the laws of this State or the United States. He/She is employed by ____________________________________ , and has been so employed since ________________________ . His/Her gross monthly income from employment is $ __________________ . 15. Petitioner’s estimated monthly expenses are: Item Amount       $             $             $             $             $             $             $       Total Monthly Expenses: $       16. Petitioner has does not have any savings, checking or credit card accounts. ACCOUNT # INSTITUTION AMOUNT TYPE                                                                                                                                                 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. Petitioner has does not have an automobile that is both registered and insured in his or her own name. DATED this ______ day of __________________ , ______ . Petitioner       Type or Print Name STATE OF NEVADA ) ) ss. COUNTY OF __________________ ) On this Day ______ of __________________ , 20 ______ , personally appeared before me, the undersigned, a Notary Public in and for the County of __________________ , State of Nevada, ______________________________ , personally known to me or proved to me, to be the person whose name is subscribed to the attached instrument who acknowledge that (she/he) ______ executed the attached instrument. NOTARY PUBLIC I HEREBY ACQUIESCE AND CONSENT TO THE FILING OF THIS PETITION AND GRANTING OF THE EMANCIPATION FOR THE MINOR.       AS AS NATURAL PARENT OR LEGAL GUARDIAN OF THE MINOR STATE OF NEVADA ) ) ss. COUNTY OF ____________ ) On this Day ______ of __________________ , 20 ______ , personally appeared before me, the undersigned, a Notary Public in and for the County of __________________ , State of Nevada, ______________________________ , personally known to me or proved to me, to be the person whose name is subscribed to the attached instrument who acknowledge that (she/he) ______ executed the attached instrument. NOTARY PUBLIC - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY ACQUIESCE AND CONSENT TO THE FILING OF THIS PETITION AND GRANTING OF THE EMANCIPATION FOR THE MINOR.       AS AS NATURAL PARENT OR LEGAL GUARDIAN OF THE MINOR STATE OF NEVADA ) ) ss. COUNTY OF ____________ ) On this Day ______ of __________________ , 20 ______ , personally appeared before me, the undersigned, a Notary Public in and for the County of __________________ , State of Nevada, ______________________________ , personally known to me or proved to me, to be the person whose name is subscribed to the attached instrument who acknowledge that (she/he) ______ executed the attached instrument. NOTARY PUBLIC - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CODE: 1645 Name:       Address:       Telephone:       Acting in Proper Person IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF __________________ IN THE MATTER OF:       Case No. __________________ Dept. No. __________________ A minor under the age of Eighteen Years       DECREE OF EMANCIPATION This Court, having conducted a hearing brought on by petition of ________________________ , and having considered the above, the Court hereby Decrees that the petitioner is emancipated and that this Decree be entered forthwith. This Decree emancipates the minor for all purposes pursuant to N.R.S. 129.080 and removes the disability of the minority of the petitioner insofar as that the disability may affect the incurring of indebtedness or contractual obligation of any kind; the litigation and settlement of controversies; the acquiring, encumbering and conveying of property or any interest therein; the consenting to medical, dental or psychiatric care without parental consent, knowledge or liability; the enrolling in any school or college; and the establishment of his or her own residence. - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For these above purposes, the petitioner shall be considered in law as an adult and any obligations he or she incurs are enforceable by and against him or her without regard to his or her without regard to his or her minority. DATED this ____________ day of __________________ , 20 ______ . JUVENILE MASTER DISTRICT JUDGE - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CODE: 1067 Name:       Address:       Telephone:       Acting in Proper Person IN THE FAMILY DIVISION OF THE ____________ JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF __________________ IN THE MATTER OF:       Case No. __________________ Dept. No. __________________ A minor under the age of Eighteen Years       AFFIDAVIT OF SERVICE STATE OF NEVADA ) ) ss. COUNTY OF ____________ ) ______________________________ , being first duly sworn under penalties of perjury, states as follows: 1. That I am: (check the appropriate blank): a party in this action and am appearing in proper person. a person not involved in this action and have no interest in this action and am over the age of 18 years. 2. That on the ________ day of _____________ , 20 ______ , I served a true and correct copy of the document(s) entitled: ____________________________________________________________ in the following way: (check the appropriate blank, and fill in the appropriate information) - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IF THE DOCUMENTS WERE SERVED BY MAIL ON THE OTHER PARTY, OR THE OTHER PARTY’S LAWYER, FILL IN THE FOLLOWING: by placing a copy enclosed in a sealed envelope upon which first class postage was fully prepaid by placing a copy enclosed in a sealed envelope and mailing it certified, return receipt requested The envelope was addressed to:       Name       Address       and that there is regular communication by mail between the place of mailing and the place addressed. IF THE DOCUMENTS WERE PERSONALLY SERVED ON THE OTHER PARTY, OR THE OTHER PARTY’S LAWYER, FILL IN THE FOLLOWING: by personally serving       Name       Address       Date: ________________________       SUBSCRIBED and SWORN to before me (print name) this ______ day of ____________ , 20 ______ (signature) NOTARY PUBLIC - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CODE: 2530 Name:       Address:       Telephone:       Acting in Proper Person IN THE FAMILY DIVISION OF THE ____________ JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF __________________ IN THE MATTER OF:       Case No. __________________ Dept. No. __________________ A minor under the age of Eighteen Years       NOTICE OF ENTRY OF DECREE OF EMANCIPATION TO:                         PLEASE TAKE NOTICE. On __________________ , a Decree of Emancipation was entered regarding ______________________________ , Dated this ______ day of __________________ , 20 ______ . (Signature) - 1 -