Minors – Emancipation of Minor – Nevada
Related Nevada Legal Forms
Nevada Revised Statutes
CHAPTER 129, SECTIONS 129.010 – 129.140
NRS 129.010: Age of majority.
All persons of the age of 18 years who are under no legal disability, and all persons who have been declared emancipated pursuant to NRS 129.080 to 129.140, inclusive, are capable of entering into any contract, and are, to all intents and purposes, held and considered to be of lawful age.
[1:19:1861; B § 323; BH § 4943; C § 5000; RL § 431; NCL § 300]
NRS 129.080 Minor may petition juvenile court for decree of emancipation; reference to master.
Any minor who is at least 16 years of age, who is married or living apart from his parents or legal guardian, and who is a resident of the county, may petition the juvenile court of that county for a decree of emancipation. The district court may refer the petition to a master appointed pursuant to title 5 of NRS or chapter 432B of NRS.
NRS 129.090 Petition: Contents; fees.
1. A petition filed pursuant to NRS 129.080 must be in writing, verified by the petitioner and set forth:
(a) The name, age and address of the minor;
(b) The names and addresses of the parents of the minor;
(c) The name and address of any legal guardian of the minor;
(d) If no parent or guardian can be found, the name and address of the child’s nearest known relative residing within this state;
(e) Facts relating to the minor’s education, employment, and length of residence apart from his parents or guardian;
(f) That the minor willingly lives apart from his parents or legal guardian with the consent or acquiescence of his parents or legal guardian;
(g) That the minor is managing his own financial affairs;
(h) That the source of the minor’s income is not derived from any activity declared to be a crime by the laws of this state or the United States; and
(i) That the minor is attending school or has been excused from attending school pursuant to NRS 392.040 to 392.125, inclusive.
2. If any of the facts required by subsection 1 are not known, the petition must so state.
3. For filing the petition, the clerk of the district court shall charge the fees prescribed by law for the commencement of civil actions or proceedings generally.
NRS 129.100 Notice of filing of petition: Form.
1. After a petition has been filed, unless the person to be served voluntarily appears and consents to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition, stating the time and date set for the hearing of the petition, and requiring the person served with the notice to appear before the court at the hearing if he desires to oppose the petition.
2. The notice issued pursuant to subsection 1 must be in substantially the following form:
In the ________________________________ Judicial District Court of the State of Nevada, in and for the County of ________
In the matter of the emancipation of _____________________________, a minor_________________________
To ______________________________, the father or ____________________, the mother of the above-named minor; or, to the father and mother of the above-named minor; or, to ________________________________, the legal guardian of the above-named minor; or, to _______________________________, related to the above-named minor as _______________________________:
You are hereby notified that there has been filed in the above-entitled court a petition praying for the emancipation of the above-named minor person, and that the petition has been set for hearing before this court, at the courtroom thereof, at ________________________________, in the County of ________________________________, on the __________ day of the month of _________ of the year _______ at __________ o clock __.m., at which time and place you are required to be present if you desire to oppose the petition.
Dated _____________ (month) ____ (day) _______ (year)
Clerk of Court
(SEAL) By _____________________________
NRS 129.110 Persons to be served with notice; manner of service; hearing on petition.
1. A copy of the notice issued pursuant to NRS 129.100, together with a copy of the petition, must be served upon:
(a) The parents or legal guardian of the minor or, if the parents or legal guardian cannot be found, the nearest known relative of the minor residing within this state, if any;
(b) The legal custodian of the minor, if any;
(c) The appropriate probation officer or parole officer for his review and recommendation if the minor is subject to the jurisdiction of the court pursuant to title 5 of NRS; and
(d) The district attorney of the county in which the matter is to be heard.
2. Service of the notice and petition may be made in any manner permitted by N.R.C.P. 4. Return of service must be made as provided by that rule. Evidence must be presented to the court if addresses of those required to be served are unknown or for any other reason notice cannot be given.
3. The court shall hold a hearing on all petitions filed pursuant to NRS 129.080 to 129.140, inclusive.
NRS 129.120 Hearing: Duties and powers of court; considerations in grant or denial of petition.
1. At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition.
2. At the hearing of the petition, the court shall address the petitioner personally and advise him of the consequences of emancipation, as described in NRS 129.130.
3. The court may request copies of records in the custody of the school district, the probation office, the Division of Child and Family Services of the Department of Health and Human Services or any other public or private agency to assist in making its determination. The court may further request a recommendation from the probation officer, the Division of Child and Family Services or any other public or private agency that may have communicated with the minor regarding the petition.
4. The grant or denial of the petition is a matter within the discretion of the court. In making its determination, the court shall consider:
(a) Whether the parents or guardian of the minor have consented to emancipation;
(b) Whether the minor is substantially able to support himself without financial assistance;
(c) Whether the minor is sufficiently mature and knowledgeable to manage his affairs without the guidance of his parents or guardian; and
(d) Whether emancipation is in the best interest of the minor.
NRS 129.130 Decree of emancipation: Effect; petition to void decree.
1. If the court determines that the petition should be granted, it shall enter a decree of emancipation.
2. A decree so entered is conclusive and binding.
3. Such a decree emancipates the minor for all purposes and removes the disability of minority of the minor insofar as that disability may affect:
(a) The incurring of indebtedness or contractual obligations of any kind;
(b) The litigation and settlement of controversies;
(c) The acquiring, encumbering and conveying of property or any interest therein;
(d) The consenting to medical, dental or psychiatric care without parental consent, knowledge or liability;
(e) The enrolling in any school or college; and
(f) The establishment of his own residence.
For these purposes, the minor shall be considered in law as an adult, and any obligation he incurs is enforceable by and against him without regard to his minority.
4. Unless otherwise provided by the decree, the obligation of support otherwise owed a minor by his parent or guardian is terminated by the entry of the decree.
5. Except as otherwise provided in this section, a decree of emancipation does not affect the status of the minor for any purpose, including the applicability of any provision of law which:
(a) Prohibits the sale, purchase or consumption of intoxicating liquor to or by a person under the age of 21 years;
(b) Prohibits gaming or employment in gaming by or of a person under the age of 21 years;
(c) Restricts the ability to marry of a person under the age of 18 years;
(d) Governs matters relating to referrals for delinquent acts or violations of NRS 392.040 to 392.125, inclusive, unless the minor has been certified for trial as an adult pursuant to title 5 of NRS; or
(e) Imposes penalties or regulates conduct according to the age of any person.
6. A petition may be filed by any person or by any public agency to void a decree of emancipation on the following grounds:
(a) The minor has become indigent and has insufficient means of support; or
(b) The decree of emancipation was obtained by fraud, misrepresentation or the withholding of material information.
7. The voiding of any decree of emancipation must not alter any contractual obligations or rights or any property rights or interests which arose during the period that the decree was in effect.
NRS 129.140 Method not exclusive.
The method of emancipation of a minor provided for in NRS 129.080 to 129.130, inclusive, is in addition to and not in substitution of, any other method of emancipation provided by statute or common law.