Emancipation in the State of Utah

[kimboslice]

My question involves juvenile law in the State of: Utah

I'm 16 years old, and I just recently moved out of a very volatile household. My father is a recovering alcoholic who has previously (although is not anymore) been physically abusive, and is extremely emotionally and verbally abusive towards me&my younger brother. He has not, however, been physically violent sense he stopped drinking about 6 months ago. My mother is extremely unpredictable, one minute she'll be loving, and the next she'll be screaming at the top of her lungs. She can also be extremely emotionally&verbally abusive. My younger brother is larger than me&has extreme anger issues. He's tried to hit me before with a broom, punches holes in walls, and throws things at people. It's not a household in which I feel safe. I'm currently living at my boyfriends house, and his family is more than willing to have me here. Their house is closer to my school, I'm happier here, and I feel safe. I don't currently have a job, but I'm trying to get one, although they're not asking me to pay rent or anything of the sort. My boyfriend is willing to pay my car insurance so that I can get to school until I get a job. I just want to clarify that I'm not getting emancipated because of a want to move in with my boyfriend, I want to get emancipated because the house that I was living in was unsafe and unstable, and my parents are unpredictable. I'm literally afraid of going back there, and I'm scared they're going to make me unless I get emancipated. Would it be possible for me to get emancipated? And if so, would I be able to do it in a way that would not involve the courts taking my younger siblings from their home?
Thank you for you help, it is much appreciated.

[jk]

78A-6-801. Purpose.
(1) The purpose of this part is to provide a means by which a minor who has demonstrated the ability and capacity to manage his or her own affairs and to live independent of his or her parents or guardian, may obtain the legal status of an emancipated person with the power to enter into valid legal contracts.
(2) This part is not intended to interfere with the integrity of the family or to minimize the rights of parents or children. As provided in Section 62A-4a-201, a parent possesses a fundamental liberty interest in the care, custody, and management of their children.
Renumbered and Amended by Chapter 3, 2008 General Session

Notice section 1; a minor who HAS (not will) demonstrated the ability and capacity to manage his or her own affairs and to live INDEPENDENT of his or her parents or guardians (not with BF or BF's parents),

here's a link to the forms:

http://www.utcourts.gov/resources/forms/emancipation/

speaking of those forms in statute:

78A-6-803. Petition for emancipation.
(1) A minor may petition the juvenile court on his or her own behalf in the district in which he or she resides for a declaration of emancipation. The petition shall be on a form provided by the clerk of the court, and state that the minor is:
(a) 16 years of age or older;
(b) capable of living independently of his or her parents or guardian; and
(c) capable of managing his or her own financial affairs.
(2) Notice of the petition shall be served on the minor's parents, guardian, any other person or agency with custody of the minor, and the Child and Family Support Division of the Office of the Attorney General, unless the court determines that service is impractical.

and the hearing:

78A-6-804. Court procedure.
(1) Upon the filing of a petition in accordance with Section 78A-6-803, the court shall review the petition for completeness and whether the petitioner meets the age requirement for filing the petition.
(a) If the petition is incomplete or the petitioner does not meet the age requirement, the court may dismiss the action immediately.
(b) If the petition is complete and the petitioner meets the age requirement, the court shall schedule a pretrial hearing on the matter within 30 days.
(2) The court may appoint a guardian ad litem in accordance with Section 78A-6-902 to represent the minor.
(3) At the hearing, the court shall consider the best interests of the minor according to the following:
(a) whether the minor is capable of assuming adult responsibilities;
(b) whether the minor is capable of living independently of his or her parents, guardian, or custodian;
(c) opinions and recommendations from the guardian ad litem, parents, guardian, or custodian, and any other evidence; and
(d) whether emancipation will create a risk of harm to the minor.
(4) If the court determines by clear and convincing evidence that emancipation is in the best interests of the minor, it shall issue a declaration of emancipation

You have not demonstrated an ability to live on your own so the courts are not likely to grant emancipation.

If you are threatened in your own household, the remedy is to call the police or child protective services.

[cbg]

I'll take it a step further.

No, you will not be emancipated, and your parents can quite, quite legally force you to return home.

The ONLY way you are going to leave that house with no risk of being forced back to it, prior to reaching age 18, will be if the state removes you. (In which case you will NOT be placed with your boyfriend or his family, but with a foster family that has been vetted and appproved by the state. POSSIBLY another family member.) And *that* will not happen unless you pick up the phone and call the police or CPS each and every time your physical safety is at risk.