If Qualified, How Likely is It That I'll Be Legally Emancipated
My question involves juvenile law in the State of: Utah
I live in St. George, Utah, I am seventeen years old, and I would like to be emancipated, and move to Salt Lake City. I am not living in any unsafe conditions; my family life is just fine, and I'm not seeking emancipation for any reason other than making life easier for my family and myself. I live in a three-bedroom house with my mother, older brother, and three younger sisters. My mom, who sleeps on the couch, and is ready to have an actual bedroom, is planning on moving to Oregon this summer, and taking all of her kids with her (including my twenty-year-old brother). I wouldn't protest to moving to Oregon, but it seems illogical to move there when I'd turn eighteen a few months after moving, and would move back to Utah. I'm not sure what the requirements for emancipation are; that's why I'm on this site. I've heard that in order to be emancipated, you must have a job, and be able to support yourself financially. I've searched for employment in St. George since age sixteen, and I've had no luck. I'm wondering if I could/should pre-arrange both employment and residency in Salt Lake City in order to be emancipated.
Thank you,
Jake
jkaeadrom@gmail.com
Re: If Qualified, How Likely is It That I'll Be Legally Emancipated
If UT offers emancipation, you would not qualify if you cannot house, feed, clothe and insure yourself. Assuming you did have all those in your favor, you would likely be 18 by the time it were to be heard in court and therefore mute anyway.
Re: If Qualified, How Likely is It That I'll Be Legally Emancipated
At a court hearing, the court determines the best interest of the minor by considering the following factors:
1) whether the minor is capable of assuming adult responsibilities; 2) whether the minor is capable of living independently of his or her parents, guardian, or custodian; 3) opinions and recommendations from the guardian ad litem, parents, guardian, or custodian, and any other evidence; and 4) whether emancipation will create a risk of harm to the minor. A declaration of emancipation is made if the court determines that there is clear and convincing evidence that it is in the best interests of the minor to grant it. Utah Code 78A-6-804.
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.
All of this will take time and may not convince a judge to gran emancipation.
If your parents are agreeable, they can always allow you to move in with a friend or family member until you are 18 should you choose. But, if they refuse to support the petition for emancipation or you are not able to provide for yourself without going on welfare, it probably ain't gonna happen.