Am I Eligible to Get Emancipated if I Get a Job

[dancergirl3225]

My question involves juvenile law in the State of: Utah.
I am a 16 year old girl trying to get emancipated. I currently live with my brainwashed mother who is supposed to be divorcing her fourth husband. But she refuses to file, and he doesn't have to money to file. They dated for 4 years, we move in with him 70 miles from our house 6 months into the relationship. We moved three times in four years (two times because he kicked us out because he was cheating), and almost had to moved 14 times. Last year they got in a fight and he hit her three times in the face, breaking her jaw, I called the police and he was put in jail for two weeks. A restraining order was placed on him, but she secretly had it removed. She then continued to see him behind everyone's back. We moved back in after he convinced her into thinking he would kill himself if she didn't take him back. They got married and know 6 months later, he's asked for a divorce, accused her of cheat to hide the fact that he was cheating again. We've moved out again but she's still wants to stay married. He has her believing I'm a horrible child. But in reality, I've never done drugs, never drank, I don't sleep around. I'm in the school choir that has before school practices that I always attend. I'm in the process I getting a job, and I get perfect grades on top of that.
And on top of all the things that happen at home,my father has become a deadbeat. He refuses to talk to me or visit me because I don't want to be apart of his religion. He hasn't talk to me in 6 months.
I'm just wondering that if I got a job, and could take care of myself (which I practically already do), could I get emancipated????

[BooRennie]

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.

Renumbered and Amended by Chapter 3, 2008 General Session

http://le.utah.gov/code/TITLE78A/htm/78A06_080300.htm

[cbg]

That job would need to pay you enough so that you can pay 100% of your own expenses while simultaneously going to school and getting better than average grades. A quick look at potential rents shows that you could easily be charged between $300 and $500 a month just for a room in someone else's house. If you're working 20 hours a week at minimum wage, your gross pay for a month will be $580. And you've still got to pay utilities (if not provided), food, clothing, medical care, transportation, insurance, school fees and supplies, staples, and all the other incidentals of life.

Nor is your home situation one that a court is likely to see as needing emancipation. Particularly if your mother objects.

[Mr. Knowitall]

It may be that if the minor has not yet graduated from high school, the court considers the minor's future education plan as a factor -- and perhaps a decisive factor -- when evaluating whether or not emancipation is in the minor's interest, and the minor's grades will certainly reflect on their maturity and capacity to handle their own affairs, manage their own finances and the like, but there is not actually a requirement in any state's emancipation law that the minor be self-sufficient, attend school, and get good grades in order to qualify for emancipation.

(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.

The clear and convincing evidence standard is a difficult one to meet.

[dancergirl3225]

Well, I already have a place to live set up. I'd be paying $150 to live with my friend and her family, I'd also get some extra money along with the job by babysitting my friends niece. I'd help them pay for food and other things as well.

[Mr. Knowitall]

The court isn't going to want to hear that you're capable of supporting yourself if you are able to rely on the charity of others. The court is aware that a single argument with your friend or her family could leave you out on the street -- in which case you need to be able to afford a new place to stay and pay for your own food.

[cbg]

It's not statutory, no. But these are the things the courts look at.

[flyingron]

Nor is your home situation one that a court is likely to see as needing emancipation.

There isn't any home situation that mandates stuff. Did you read Mr. K's inclusion of the criteria. The court will look to see if being emancipated will make things worse for the child. They don't evaluate if it could possibly make things better. We don't emancipate the abused or neglected, we find alternative custody.

[cbg]

I know that. I've said so in any number of threads. But for the purpose of this particular OP's question, that will serve.

She isn't going to be emancipated anyway, so it doesn't matter.