How to Get Emancipation from a Homeless Parent

My question involves juvenile law in the State of: Utah.

My family was evicted from our section 8 apartment last year for a noise disturbance. When that happened my mom let me move in with a friend’s family “temporarily” while they looked for a new apartment. She’s been living on the streets since then and has made no progress on getting a new home for us. To make matters worse she is schizophrenic and stopped taking her medications so she has become very paranoid and won’t talk to the family who is housing me because she thinks they are trying to “steal me” so they can get our disability income. She keeps changing her phone number and only texts me once a month when she wants to borrow money for a hotel room.

I need to see a dentist for some broken teeth and to get a health check up, but My caregivers don’t have a legal right to consent to this care and Mom won’t sign a POA to give them temporary authority to do it. She doesn’t seem capable of managing her own care right now, let alone mine. I am almost 17 and don’t want to go into foster care. I also don’t want to live with my parents on the streets. The family I’m living with said they’d consider seeking guardianship of me, but they haven’t made a firm decision and I know my mom won’t agree to it because of her paranoid delusions. I’m afraid she may even withdraw her consent to let me stay with them. What can I do to try and establish enough independence to qualify for emancipation if they can’t become my guardians? I figure it’s better to be prepared and that any preparations I make will help me when I’m 18.

So far, I am only working part time because I’m still in high school, but I’m trying to save most of my checks and I am taking a financial literacy course to help learn how to budget. I can’t rent an apartment because minors can’t be held to contracts. The family I’m staying with isn’t charging me rent but I could start paying some money to them for room and board. Would that help if I need to seek emancipation? I buy my own clothes. Because I’m a minor I can’t buy a car or get car insurance myself, but I buy my own bus pass. What else can I do to help establish my case, should it be needed, that can be done without parental consent?

You are telling us that you are presently a dependent minor with no capacity to independently support yourself. That means that you are not a candidate for emancipation.

Perhaps your caregivers can petition for guardianship, such that they can approve medical and dental care without your mother's consent or cooperation.

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Quoting Mr. Knowitall

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You are telling us that you are presently a dependent minor with no capacity to independently support yourself. That means that you are not a candidate for emancipation.

Perhaps your caregivers can petition for guardianship, such that they can approve medical and dental care without your mother's consent or cooperation.

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Thank you for your response Mr. Knowitall. Your response leads me to believe that no child under the age of 18 can be emancipated. I have seen you post similar responses on other threads, but that simply can't be the case or the legal process of emancipation would not exist.

While I am aware that I am presently reliant upon the family who has taken me in, I am uncertain as to how you determined I have no capacity to independently support myself. I do have a part time job. While I could not afford my own apartment working part time while I finish high school, I believe that I do make enough to rent a room like many college students do and I know of at least two other households that would be willing to rent a room in their basement to me for $200-$300 dollars a month, albeit this would be unofficial since I'm not old enough to legally sign a lease. I know I would qualify financially to receive free or reduced lunches through the school and to get free meals through my work. I can afford Ramen noodles on days I don't have school or work. I am also certain I could increase my work hours and could take several of my high school classes online to accommodate this if needed. Would that not qualify as independently supporting myself?

If it doesn't, what else would be needed? How would anyone qualify for emancipation?

I also should be receiving survivor benefits from social security, as my father died when I was 8. Even though I am not living with my mother she is still collecting this. If I were to be emancipated would these benefits be forfeited or could I potentially receive them myself to help pay for my independent living needs? That might provide me with just enough to rent a small studio apartment once I'm aloud to sign a lease.

If I truly can't emancipate and the family I'm with won't fight my mom for guardianship (It's a lot to ask, they have four kids of their own and I was only supposed to be with them a few weeks). What options do I have? Would I have to enter foster care so I could get the medical care I need? I'd try to wait it out till I'm 18 but I'm in pain.

Oh, and I am sorry if my response comes off as rude. I'm just frustrated at this whole situation and really need some answers on what I should be doing to prepare myself if the guardianship doesn't happen.

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Quoting NeedInfoGirl

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Thank you for your response Mr. Knowitall. Your response leads me to believe that no child under the age of 18 can be emancipated. I have seen you post similar responses on other threads, but that simply can't be the case or the legal process of emancipation would not exist.

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It's not the case that no child can be emancipated, it's just that it's very rare. Contrary to what disgruntled teens think they know of the word from social studies class, emancipation is not a procedure to escape parental "enslavement." It is recognition of an already independent youth that they need relief from certain things denied them because of their age (primarily, the ability to enter into contracts and otherwise sign for things).

There are a few states that will allow a child who is NOT YET independent but has a good plan on how to live independently. Yours is one of them. Unfortunately, nothing in your post indicates you are coming anywhere close to meeting the requirements. You may wish 78A-6-8 of the Utah Code will explain it. You should read it carefully and then come here and explain how you meet the requirements.

We don't "emancipate" the abused or neglected. We find alternative placement for you. If you feel you are in this situation, contact a teacher or counsellor or the DCFS at 1 866 323 3237

What you don't seem to realize is that to your mother, you are a "cash cow." You're quite a valuable asset to her, and one she will NOT give up easily. Unless you go into the foster care system, unless THEY determine she is not a fit placement for you or custodian of you, then you are pretty much sunk. You cannot go to court at sixteen and get emancipated unless you are someone who has a significant independent source of income, think Miley Cyrus, Taylor Swift, or your parent has died or is in some other way totally unable to be in your life. Taking on an unrelated minor child financially, physically and emotionally is a huge task, most "my friend's parents" will not be willing to go through this with you. But unless you are willing to become a ward of the court and go into the foster care system there isn't much else you can do except perhaps try to negotiate with your mother to let you do as you please as long as you don't take her income from you away (think SNAP card, Medicaid, Social Security death benefits, earned income tax credit, etc.) I honestly think that if your mother is seriously mentally ill and homeless, you'd be better off to go into the foster care system. But emancipation just isn't what you think, a way to construct a life when you're under 18. To have a chance of being emancipated, you must go to court with that life already constructed, and far beyond perhaps sufficient resources, not just on the possibility that you could get this and do this and may be able to do this...

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Quoting NeedInfoGirl

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Thank you for your response Mr. Knowitall. Your response leads me to believe that no child under the age of 18 can be emancipated. I have seen you post similar responses on other threads, but that simply can't be the case or the legal process of emancipation would not exist.

While I am aware that I am presently reliant upon the family who has taken me in, I am uncertain as to how you determined I have no capacity to independently support myself. I do have a part time job. While I could not afford my own apartment working part time while I finish high school, I believe that I do make enough to rent a room like many college students do and I know of at least two other households that would be willing to rent a room in their basement to me for $200-$300 dollars a month, albeit this would be unofficial since I'm not old enough to legally sign a lease. I know I would qualify financially to receive free or reduced lunches through the school and to get free meals through my work. I can afford Ramen noodles on days I don't have school or work. I am also certain I could increase my work hours and could take several of my high school classes online to accommodate this if needed. Would that not qualify as independently supporting myself?

If it doesn't, what else would be needed? How would anyone qualify for emancipation?

I also should be receiving survivor benefits from social security, as my father died when I was 8. Even though I am not living with my mother she is still collecting this. If I were to be emancipated would these benefits be forfeited or could I potentially receive them myself to help pay for my independent living needs? That might provide me with just enough to rent a small studio apartment once I'm aloud to sign a lease.

If I truly can't emancipate and the family I'm with won't fight my mom for guardianship (It's a lot to ask, they have four kids of their own and I was only supposed to be with them a few weeks). What options do I have? Would I have to enter foster care so I could get the medical care I need? I'd try to wait it out till I'm 18 but I'm in pain.

Oh, and I am sorry if my response comes off as rude. I'm just frustrated at this whole situation and really need some answers on what I should be doing to prepare myself if the guardianship doesn't happen.

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Read the dozens upon dozens of other threads on emancipation. You have to be already independently supporting yourself for a judge to consider it. The best thing is for the caregivers to go to court and file to be your legal guardians.

If they don't want to file for guardianship then talk to a counselor or teacher or some trusted adult to help you.

If the family you are living with can prove you have been living with them with documents. They may be able to be your Representative Payee for your Survivors Benefits. They need to take all proof of you living at that address to the local SSA Office.

By the way, when a Judge makes a decision about someone being self sufficient. That does not include any help from the government. If you need help from the government. You are not supporting yourself on your own

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Quoting qwaspolk69

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Read the dozens upon dozens of other threads on emancipation. You have to be already independently supporting yourself for a judge to consider it. The best thing is for the caregivers to go to court and file to be your legal guardians.

If they don't want to file for guardianship then talk to a counselor or teacher or some trusted adult to help you.

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Thank you for your response. I have read the other threads and agree that many of the posters are just disgruntled teenagers. That's not my case. I'm not whining about not getting along with my parents or wanting to move in with a boyfriend. I have been unable to live with my parents for over 8 months. I am in pain and I have a genuine need to be able to obtain my own medical care.

I am aware I have to fully support myself before a judge will consider emancipation. That's why I am trying to prepare myself, meaning I am working toward full independence and I would be living independently before petitioning for emancipation. I was just hoping for a better idea of what I need to do to qualify as independently supporting myself. Everyone responding is busy chastising the teenagers and telling them how impossible it is and no one is actually willing to explain what needs to be done to meet the definition of being fully independent.

Follow this link. https://www.utcourts.gov/resources/forms/emancipation/

Thank you for your response Mercy&Grace. I'm honestly not concerned with the SSA money unless it would help me show I have the financial means to emancipate. My mom isn't capable of working right now and really is living on the streets. She needs the money more than I do. I think she's using it to pay for hotels on really cold nights. I know that's not what it's for, but I love her and I don't want her freezing if the money helps.

I'm also concerned that mom might revoke her permission for me to live with this family if the SSA money stops, then I'm faced with living on the streets with them if the family doesn't file for guardianship.

I'm going to give it some consideration though. I know the money is meant to take care of me not mom. If I did pursue it, what kind of documentation do you think would work to show I've been living with them. Would a written statement signed in front of a notary suffice? Would I need other people to write statements?

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Quoting comment/ator

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What you don't seem to realize is that to your mother, you are a "cash cow." You're quite a valuable asset to her, and one she will NOT give up easily. Unless you go into the foster care system, unless THEY determine she is not a fit placement for you or custodian of you, then you are pretty much sunk. You cannot go to court at sixteen and get emancipated unless you are someone who has a significant independent source of income, think Miley Cyrus, Taylor Swift, or your parent has died or is in some other way totally unable to be in your life. Taking on an unrelated minor child financially, physically and emotionally is a huge task, most "my friend's parents" will not be willing to go through this with you. But unless you are willing to become a ward of the court and go into the foster care system there isn't much else you can do except perhaps try to negotiate with your mother to let you do as you please as long as you don't take her income from you away (think SNAP card, Medicaid, Social Security death benefits, earned income tax credit, etc.) I honestly think that if your mother is seriously mentally ill and homeless, you'd be better off to go into the foster care system. But emancipation just isn't what you think, a way to construct a life when you're under 18. To have a chance of being emancipated, you must go to court with that life already constructed, and far beyond perhaps sufficient resources, not just on the possibility that you could get this and do this and may be able to do this...

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Thank you for your response comment/ator.

I don't want to think of my mother that way. She has always done her best to take care of me and I think had we not been evicted could have continued to do so at least to her usual ability. Losing her home just made her illness that much worse. It's been really stressful for her.

I am aware that I cannot be approved for emancipation till I can demonstrate that I am fully independent. I just want information on what "independent" means as far as the courts are concerned so I can work towards this. If it does mean that only someone who makes as much money as a celebrity can emancipate, than it really is futile. Is this really the case? I'd have thought showing you made enough to pay for shelter, food, transportation, and medical on your own would be enough. My family has always relied on government benefits, due to mom's illness, so I thought if I could show that financially I was more independent than mom was that might be sufficient.

I agree that most "friend's parents" wouldn't agree to becoming a guardian, especially since this was supposed to last just a few months and given that there's a high chance mom would dispute it. I think they are amazing just for considering it. But all this advice to "just have them become your guardian" is frustrating. I'd prefer they become my guardians to emancipation, but that's not up to me. They have to agree to it and the court has to approve it. It's completely out of my control. Working toward independence and potential emancipation, is something I can control. I just need some guidance on how to establish independence before petitioning the court.

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Quoting qwaspolk69

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Read the dozens upon dozens of other threads on emancipation. You have to be already independently supporting yourself for a judge to consider it. The best thing is for the caregivers to go to court and file to be your legal guardians.

If they don't want to file for guardianship then talk to a counselor or teacher or some trusted adult to help you.

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I am aware a petition for emancipation will not be approved until I am independently supporting myself. I am asking what I need to do to be considered independent before petitioning for emancipation. I'd love it if the family I'm living with now will apply to be my guardian, but I can't make them. I can take action to become more independent. I am just looking for advise on what I need to do to show I am independent enough for emancipation to be approved.

I have spoke to a few teachers at my school. They know I am living with another family in our school boundary. I'm not sure what they could do to help me outside of speaking on my behalf if I seek emancipation or supporting the guardianship if the family chooses to proceed. Are there some resources at the school that could help that I might not be aware of?

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Quoting Mercy&Grace

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If the family you are living with can prove you have been living with them with documents. They may be able to be your Representative Payee for your Survivors Benefits. They need to take all proof of you living at that address to the local SSA Office.

By the way, when a Judge makes a decision about someone being self sufficient. That does not include any help from the government. If you need help from the government. You are not supporting yourself on your own

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Is SSA survivor benefits considered help from the government? I thought this was money my Dad paid into the system before he died. It's the governments not his?

Would receiving the reduced or free school lunches disqualify me? I'm on them now because of my parents low income, so I thought it might not matter. I'm sure I could figure out another way to get lunch on school days if I had to.

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Quoting PayrolGuy

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Follow this link. https://www.utcourts.gov/resources/forms/emancipation/

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Thank you Payrol, for providing a helpful resource, I've read the forms and understand how to petition for emancipation. I just don't want to apply till I am more independent, because everyone here says I'm nowhere near close enough to independent. I'm looking for advice on what would show I am independent enough for the judge to approve it (AKA paying my own rent, buying own clothes/food, etc.)