Unlike many other states, Arizona does not have a statutory scheme outlining a procedure for emancipation. In accordance with common law, the state recognizes emancipation in cases only where the minor has been married or has enlisted in the
armed forces.222 Arizona courts seem to look at whether a minor is emancipated on a case-by-case basis, and places weight on the intent of the parents when deciding if emancipation exists. In Tencza v. Aetna, for example, the Court held that ``actual emancipation is a question of fact'' not of law, showing the reluctance of the court to supply a bright line test for determining emancipation status.223 Although the court does conclude that a child who still lives at home may be considered legally emancipated, the court is not clear under what circumstances a minor may petition, or what may be required of the minor for the court to grant emancipation. The Court does say, however, that emancipation must be proven by a preponderance of evidence and the burden of proof is on the one asserting it. It is a possibility that Arizona does not have a statute governing emancipation because the legislature determined that there is no need, or because they have provided for such services as legal and medical access through other statutes, without resorting to the total freedom an emancipation statute would grant minors.
Due to the lack of specific procedures and statutes, this is obviously not a model Massachusetts should look to in crafting an emancipation statute for the Commonwealth.