Can a 15-year-old in Utah live independently through emancipation?

Full question:

My son is 15 years old and is a rebellious child. He does not wish to attend school and when I force him to go to school, he gets upset and throws tantrums. On one such day he threatened me by saying that he would file a petition for emancipation and just leave home to live independently. I was taken by surprise. Are there any laws in Utah that would allow a minor boy to start living on his own? Till what age is a boy considered minor in Utah?

  • Category: Minors
  • Subcategory: Emancipation of Minor
  • Date:
  • State: Utah

Answer:

The age of majority in Utah is 18 years for both males and females. A minor can also gain majority through marriage, as stated in Utah Code Ann. § 15-2-1.

In Utah, minors aged 16 and older can petition the juvenile court for emancipation under Utah Code § 78A-6-801 to 805. The court will grant emancipation if it finds that the minor can manage their own affairs and live independently.

According to Utah Code Ann. § 78A-6-803, a minor can petition for emancipation by filing a form in their district court. The petition must confirm that the minor is at least 16 years old, capable of living independently, and able to manage their financial affairs. Notice of the petition must be served to the minor's parents or guardians and relevant agencies, unless the court decides otherwise.

Once a minor is emancipated, their parents are no longer responsible for their welfare. Only the minor can petition for emancipation; parents cannot seek to be emancipated from their child.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If a 15-year-old stops attending school, they may face legal consequences, including truancy charges. In Utah, parents are responsible for ensuring their child attends school until they turn 18. Schools may also intervene with counseling or support services to address the underlying issues causing the refusal to attend. Continued absence can lead to fines or other legal actions against the parents.