How Can a Minor Get Emancipated in Utah? Legal Criteria and Process
It is natural for children to yearn to grow up and take on adult responsibilities. However, for various reasons, some minors decide to take matters into their own hands and seek legal emancipation from their parents or guardians. Under Utah law, a minor child aged 16 and over has the right to petition the court to be legally recognized as an emancipated person.
Emancipation is a life-changing process that allows a minor to live independently of his or her parents. The minor may no longer be under the control of his or her parents or guardian and gain many of the rights and responsibilities of an adult. However, emancipation is not a way to fast-track all adult privileges.
As it is such a serious step, Utah law has strict legal requirements and a specific process that must be completed before the court will grant emancipation. If you are a minor considering emancipation, a parent facing a child’s desire to be emancipated, or a concerned guardian, this article will help you understand Utah law and the processes involved in taking this step.
Understanding Emancipation
In Utah, emancipation is a legal status granted by the juvenile court that gives a minor a very similar legal status to an adult. According to Utah State Courts, there are 3 ways to become emancipated in Utah:
- By getting married
- By military order
- By court order
In this article, we will focus on the latter, which is governed by Chapter 7 of the Utah Juvenile Code.
Emancipation by court order renders a juvenile fully independent from his or her parents or guardian. Once emancipated, the teenager becomes responsible for his or her own affairs. This includes living independently, keeping his or her own earnings, and managing finances.
The emancipated minor will also be responsible for making decisions about:
- Education
- Healthcare
- Contracts
The emancipated minor no longer needs to obtain parental consent to make legal decisions. However, this means that the parents are no longer responsible for providing financially for the minor or for any civil wrongs (torts) he or she commits.
Who Can Request Emancipation in Utah?
Legal emancipation is only available to Utah minors for a very brief window of time. The Utah Juvenile Code, Chapter 7, Section 103, allows a minor to file a petition for emancipation only when he or she meets the following criteria:
- Aged at least 16 years
- Able to live independently of his or her parents or guardians
- Capable of managing his or her own financial affairs
Provided the minor meets these criteria, he or she can file a petition in the local juvenile court. It is important to note that only the minor, not the parent or guardian, can file the emancipation petition. While minors can be emancipated from their parents, a parent cannot request emancipation from his or her child.
In almost all states, children become legal adults when they turn 18 years old. Therefore, in Utah, the opportunity to become emancipated is only open to minors aged 16 and 17.
Proving You Meet the Legal Requirements for Emancipation in Utah
If you are a minor seeking emancipation, proving your age is the easy part. Convincing the juvenile court that you can live independently and manage your own finances could be more of a challenge. A family law attorney is well-placed to provide the advice you need and help you prove your case.
Your lawyer could help you prove the following points:
- Financial independence: You must prove you have a reliable source of income you can use to provide for your daily needs without relying on your parents’ support. The court may review pay stubs, bank statements, and other financial documentation.
- Suitable accommodation: You must show you have a safe, stable, and suitable place to live. This may include showing a tenancy agreement or other evidence of long-term, stable accommodation.
- Maturity: Handing your own finances and decisions about education and healthcare requires maturity. A family law attorney can help you gather evidence to make a success of life as an emancipated person.
- Risk of harm: The juvenile court must be convinced that the emancipation is in your best interests and will not create a risk of harm.
While it is not a requirement for the minor to continue in education, the juvenile court may look favorably upon you if you plan to continue or already have a high school diploma. This also speaks to your ability to make good decisions for yourself.
If you believe you meet the criteria for legal emancipation and can provide evidence to satisfy the points above, you may be ready to embark on the legal process of becoming an emancipated minor.
The Legal Process for Obtaining Emancipation
There are several steps a minor must complete to obtain emancipation. While only the minor himself or herself can file the petition for emancipation, a family law attorney can provide legal guidance to help the minor navigate the process.
Step 1: Filing the petition
The clerk of the Utah Juvenile Court will provide an official form for the minor to complete. This form will ask:
- Basic information about the minor
- Parents’ details
- Declaration of income and expenses
- Accommodation arrangements
- Whether the minor is enrolled in school or not
After he or she files a petition, the court will send a notice of the petition to the minor’s parents or legal guardians and any other interested parties. Next, the court will schedule a hearing within 30 days.
Step 2: Appoint a guardian ad litem
Depending on the minor’s circumstances, the court may appoint a guardian ad litem. This term refers to a lawyer who is appointed to represent the minor’s interests. As quoted in the Utah case of J.W.F v. Schoolcraft, “It is the Guardian ad Litem’s duty to stand in the shoes of the child and to weigh the factors as the child would weigh them if his judgment were mature and he was not of tender years.”
This attorney will investigate the case and advise the judge on whether emancipation is appropriate in this case.
Step 3: Emancipation hearing
At the emancipation hearing, the court’s goal is to decide whether emancipation is in the minor’s best interests. The judge will consider 4 questions:
- Is the minor capable of taking on adult responsibilities?
- Can he or she live independently?
- What do the parents, guardians, or guardian ad litem recommend?
- Will emancipation create a risk of harm to the minor?
Step 4: Judge’s ruling
If the court agrees that the minor meets all the legal requirements and that emancipation is in his or her best interests, the judge will issue a court order granting emancipation. However, if the judge does not believe clear and convincing evidence has been presented, the petition for emancipation will be denied.
If a minor believes a legal mistake has been made that has caused the petition for emancipation to be wrongly rejected, he or she can launch an appeal. An experienced Utah family law attorney can guide you through this step.
Emancipated Minors in Utah: Rights and Limitations
An emancipated minor has most of the same rights as someone who has reached the age of 18, which includes being able to do the following:
- Enter into contracts
- Sue someone, or be sued
- Keep his or her own earnings
- Borrow money
- Buy and sell property
- Access healthcare of his or her own choice
However, an emancipated person is also free from the protections that come from having parents or a legal guardian. Parents are no longer legally responsible for supporting an emancipated child.
Additionally, emancipated minors must still wait until they reach the legal age requirement to do the following:
- Buy firearms
- Purchase tobacco
- Drink alcohol
- Vote
Also, in most cases, an emancipated minor is not considered an adult under criminal law and would still be tried under the juvenile system.
How a Family Law Attorney Can Help in Petitions for Emancipation
An experienced Utah family law attorney can help families navigate issues related to emancipation. A lawyer can advise on the following:
- Minors: Is emancipation right for you? If it is, how can you present clear and compelling evidence to prove you are capable of assuming adult responsibilities?
- Parents: What are your legal rights? How can you share concerns you may have during the emancipation hearing?
- Guardians: What is your legal standing, and how can you present your case?
Trust Brown Family Law for Advice on Your Emancipation Case
Emancipation is a complex and sensitive issue. Whether you are a minor, a parent, or a guardian, it is vital not to face this issue without getting trustworthy and tailored divorce advice from experienced family law attorneys who understand Utah law.
At Brown Family Law, we always focus on the best interests of your family. We understand that emancipation is tough to navigate and requires a high level of sensitivity. Our caring and compassionate family law attorneys have guided many families to successful resolutions. Our past clients appreciate our honesty, timely answers, and thoughtfulness.
An experienced Brown Family Law attorney is waiting to discuss your emancipation questions in an initial consultation. Schedule a discussion by calling 801-685-9999 or book a phone, Zoom, or in-person appointment through our contact page today.
