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 the state of Utah is 18 years for both men and women. Nevertheless, a minor may obtain their majority by marriage and considered emancipated, in accordance with Section 15-2-1 of the Utah Code.The statutes states that “The period of minority extends in males and females to the age of 18 years; but all minors obtain their majority by marriage. It is further provided that courts in divorce actions may order support to age 21.” (Utah Code Ann. § 15-2-1 (West)).
The Utah emancipation law allows minors who are at least 16 years or older to petition the juvenile court for emancipation. It is provided for under Utah Code §78A-6-801 to 805. The court will grant emancipation only if it finds that the minor has the ability and capacity to manage his/her own affairs and to independently live away from his/her parents.
The language of Utah Code Ann. § 78A-6-803 (West) is as follows:
“(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.”
After a minor is emancipated, the parents will not be liable for the child's welfare. Only the child may petition for emancipation and the parents cannot be emancipated from their child otherwise.
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.
