Fillable INSTRUCTION SHEET FOR COMPLETION OF FORM 700-00125 AN (Vermont Judiciary)

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INSTRUCTION SHEET FOR COMPLETION OF FORM 700-00125 AN (Vermont Judiciary)

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700-00125I – Emancipation Petition Instruction Sheet (06/2017)
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.
Page 1 of 3
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) (Mother)
Name: _____________________________________ ______________________________________
Address: ____________________________________ ______________________________________
____________________________________ ______________________________________
____________________________________ ______________________________________
Phone No.: __________________________________ ______________________________________
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)
______________________________________
700-00125 – Emancipation Petition (06/2019) Page 2 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: _________________________________ County & State: ____________________________
Docket No.: _________________________________ 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 3 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:
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INSTRUCTION SHEET FOR COMPLETION OF FORM 700-00125 AN (Vermont Judiciary)

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Completed 30 July 2020

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