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  1. #1
    Join Date
    Apr 2015
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    Lightbulb What Are the Prime Conditions for Getting Emancipated

    My question involves juvenile law in the State of: Utah

    I am seeking to get emancipated and I understand conditions for getting there but I was wondering if there's only certain situations a judge will allow it.

    I don't want to live with my family anymore because they are controlling and unjustifiably strict. Is that a good enough reason to be emancipated? I want to be an adult have have adult responsibilities. I don't have any severe case for separation though so would that make it hard to emancipate?

    For further information, I do have a job, can easily find a home, attending high school, and have a drivers license.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: What Are the Prime Conditions for Getting Emancipated

    The fact you parents are strict is called good parenting and is never a factor in emancipation. Even if you were abused it wouldn't matter. We don't turn lose the abused to live on their own, we potentially find alternate custody. What you "want" is largely immaterial to you.

    Emancipation is not a procedure to escape parental enslavement, it's recognition that an independent minor needs relief from certain disabilities (such as entering into contracts) that are denied him. It's not a given that just because you THINK you can find a place to live, that you will be granted. It especially isn't going much of anywhere if your parents object (and they will be required to be served with the notice of the hearing on this). Note your simple declaration that you think you could find a place to live within your means of a job isn't good enough. They will want specific details with your petition.


    Information here: https://www.utcourts.gov/resources/forms/emancipation/

  3. #3
    Join Date
    Apr 2015
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    2

    Default Re: What Are the Prime Conditions for Getting Emancipated

    Thank you for your input

    Although I was merely stating my position. I understand a certain level of strictness is needed, but I am responsible enough for myself. Regardless, my question was what are prime conditions for being emancipated?

    To elaborate I should say I am asking what certain things do courts look for in a home situation or in the reason for emancipation request?

    I understand proper ability to support oneself, have transportation, and housing are key for emancipation success. I have looked into such things, and feel confident in my ability to prove such abilities.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: What Are the Prime Conditions for Getting Emancipated

    What it will accomplish:

    § 78-3a-1005. Emancipation.
    (1) An emancipated minor may:
    (a) enter into contracts;

    (b) buy and sell property;

    (c) sue or be sued;

    (d) retain his or her own earnings;

    (e) borrow money for any purpose, including for education; and

    (f) obtain healthcare without parental consent.
    (2) An emancipated minor may not be considered an adult:
    (a) under the criminal laws of the state unless the requirements of Part 6, Transfer of Jurisdiction, have been met;

    (b) under the criminal laws of the state when he or she is a victim and the age of the victim is an element of the offense; and

    (c) for specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, possession of tobacco or firearms, and other health and safety regulations relevant to the minor because of the minor's age.
    (3) An order of emancipation prospectively terminates parental responsibilities that accrue based on the minor's status as a minor under the custody and control of a parent, guardian, or custodian, including parental tort liability for the acts of the minor.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: What Are the Prime Conditions for Getting Emancipated

    Quote Quoting KSoDone
    View Post
    Thank you for your input

    Although I was merely stating my position. I understand a certain level of strictness is needed, but I am responsible enough for myself. Regardless, my question was what are prime conditions for being emancipated?

    To elaborate I should say I am asking what certain things do courts look for in a home situation or in the reason for emancipation request?

    I understand proper ability to support oneself, have transportation, and housing are key for emancipation success. I have looked into such things, and feel confident in my ability to prove such abilities.
    They look for a minor who is already living alone and supporting themselves because their parents are deceased or incapacitated.

    They look for a minor who needs to control their own money because their parents/guardians are irresponsible with it. (think teenage actor or actress in Hollywood).

    If your parents are living then you are either going to be in the care of your parents or the person they designate, or you are going to be in foster care. There are no "conditions in your home" that is going to cause a court to emancipate you. Conditions in your home might cause a court to yank you from the home and put you in foster care, but the court is not going to emancipate you.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Are the Prime Conditions for Getting Emancipated

    (read the statutes - emancipation in Utah doesn't do what this OP wants it to do)

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