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  1. #1
    Join Date
    Feb 2016
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    3

    Default Can You Get Emancipated if Your Parents Plan to Kick You Out at Age 18

    My question involves juvenile law in the State of: Utah

    Hi,

    My best friend is 17 1/2 and looking to get emancipated. Her parents recently found out she had sex and they are requiring her, against her will, to graduate from high school early (she is a junior), after which she will be kicked out. She turns 18 in September but would like to be emancipated before then so she can attend her senior year starting in August.

    She is working on getting a recording of her parents telling her to graduate early and that she'll be kicked out afterwards. She wants to use this as evidence towards her emancipation. She is currently only making about $200 a month but is trying to find another job so she will be more financially stable. She also has over $1,000 in savings. She will not start the emancipation process until she is making more money, as we know she will be rejected if she isn't making more. She has found a place to rent for $200 a month so if she gets another job she will have enough for the rent, as well as food and other expenses. Her personal $1,000+ savings will be saved for possible medical expenses and emergencies.

    Her biggest reason for wanting to be emancipated is to attend her senior year of high school, she has been working towards a certain scholarship but if she doesn't complete 4 years of high school she will not receive it. This scholarship will save her a lot of money long-term. Going to college will be extremely difficult financially without the scholarship. Also, it is a legal right to attend public school until the age of 18 so technically speaking, her parents can't legally stop her from going but they will forcibly stop her. Emancipation seems to be the only route to allow her the right to attend high school this fall.

    Anyway, she is really mature and well spoken. We think she has a really good case for getting emancipated but want to get other people's input on how it could be stronger and what the process will really look like. We are hoping to get the paperwork started next month.

    Thank you!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,476

    Default Re: Opinions on Potential Emancipation Case (Utah)

    At 17 1/2, things she'll be likely 18 and things be moot by the time any emancipation action can occur. Disagreement with educational decisions is NOT grounds for emancipation. Despite what you THINK you know about emancipation from your eight grade social studies class on the civl war, emancipation is NOT a procedure to escape from parental tyrany. It's a recognition that an already independent minor needs relief from certain things like entering into contracts that would otherwise be denied them. $200 is not going to be enough to show independence.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,235

    Default Re: Opinions on Potential Emancipation Case (Utah)

    We think she has a really good case for getting emancipated

    She has no case at all for emancipation.

  4. #4
    Join Date
    Oct 2006
    Posts
    15,981

    Default Re: Opinions on Potential Emancipation Case (Utah)

    What your friend should do is speak to her high school guidance counselor about the fact that her parents are trying to force her to graduate early so that she can be kicked out. There may be something that the guidance counselor can do to help.

  5. #5
    Join Date
    Jun 2014
    Posts
    3,143

    Default Re: Opinions on Potential Emancipation Case (Utah)

    Your friend may not be telling you the entire truth. Her parents have to support her until she is 18. When she graduates doesn't matter.

  6. #6
    Join Date
    Feb 2016
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    3

    Default Re: Opinions on Potential Emancipation Case (Utah)

    As mentioned in my original post, she is waiting to start the process until she gets a new job and will make $800-$1000 a month. I was talking with my therapist about my friend's situation and he was the one who suggested emancipation. He said to focus on the educational side of the situation and that would be the best chance of being emancipated. Another important note is that her parents will be kicking her out in June, regardless of the fact that she is 17, so if she can be emancipated by then she will be able to enter into contracts for housing and such. She has been trying to get recordings of her parents stating this but it's a little hard with her cell phone being taken away. She's a really good kid and has a 3.97 GPA, her parents just go overboard and don't want to deal with her anymore.

  7. #7
    Join Date
    Jun 2014
    Posts
    3,143

    Default Re: Opinions on Potential Emancipation Case (Utah)

    Where will she live ? A landlord is more than likely going to want someone 18 and with enough income to cover the rent to be respoisible for it. Therapist aren't lawyers and they nothing about what the laws state.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,235

    Default Re: Opinions on Potential Emancipation Case (Utah)

    She's going to be 18 before this could get on a court docket even if she filed the papers tomorrow.

  9. #9

    Default Re: Opinions on Potential Emancipation Case (Utah)

    Don't take legal advice from your counselor. Her parents must support her until she turns 18, and academic performance has no bearing on eman

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,235

    Default Re: Opinions on Potential Emancipation Case (Utah)

    Yes, they do have to support her till she turns 18, that's true. They have to provide her with shelter, food, and weather appropriate clothing. They CAN tell her that she has to live somewhere else, but they can't just kick her out into the street.

    None of which has any bearing on the fact that if she's already 17 and a half, she's quite unlikely to get an emancipation petition heard before she turns 18.

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