Emancipation is a court process through which a minor becomes a legal adult, independent from guardians financially and legally. Depending on the state you live in, the age in which a minor can petition for emancipation varies. In Utah, the minimum age when a minor can petition for emancipation is 16 years old. There are several different things that are considered throughout this process, including:
Financial support of the minor. It’s important to see that the minor can financially support themselves without needing welfare and/or income from illegal activities.
Where the minor is living. If the minor is currently or has made adequate housing arrangements living apart from their parents, this is placed into consideration with the court.
Decision-making abilities. If the minor can adequately make good decisions for himself, the judge will take this into consideration.
Maturity: If the minor can demonstrate the maturity of an adult, this is considered throughout the process.
Education: Whether a minor has received their diploma or they’re still going to school plays a role in the court’s consideration of emancipation.
Abuse from minor’s parents: This is taken into consideration as the parents’ responsibility is to take care of their child.
All of these factors and several more are considered if a minor petitions for emancipation. If you need legal help regarding emancipation, don’t hesitate to reach out to one of our family law attorneys. To schedule your appointment with us, please give us a call at 435-752-2610.