Emancipation in the state of Utah

[Matta]

Hi.
I am 18 years old, and the boyfriend of a 17-Year-Old girl(We have been dating for a little over a year now)

Her mother is constantly putting her through severe emotional abuse, such as telling her she's a "Screw-Up", saying she "Cannot wait until she is 18 so that she can kick her out", that "Having her(My girlfriend) was the worst mistake of her life, and it's ruining her(The Mother's) life, and also "I'm going to make your last year with me a living hell." The mother is a recovered Heroin addict with a very short temper. Throughout my girlfriend's life, she has seen her mother married to 4-5 men, and multiple boyfriends(too many to recall). My girlfriend is unsure of who to call "Dad". The mother has been dating her current boyfriend for 4 months now. They are already engaged, and the mother is planning on having the boyfriend move in mid-January, 2007. When the boyfriend is over, which is every night, she pays little or no attention to her 2 daugters(My girlfriend, 17, and her younger sister, 13). She acts as if they do not exist, and will scream and yell at them for bothering her. Her mother is VERY controlling. Her daughter is quickly growing up, and the mother is realizing that she's losing control, and can't always be there to baby her, and make sure everything is okay, and it's driving her insane. Multiple people have pointed this out to me. The Mother also never lets her daughter go out, along with rarely letting her speak on the phone. She(My girlfriend) feels like her home is a prison.

The Mother will have a bad day at work, and come home and take it out on my girlfriend, and her little sister. No matter what the circumstances, the mother will always find things to complain about, even if everything that was asked(Chores, etc) had been completed. It doesn't matter what is done or said, the mother will find something to complain about every day.

My girlfriend cries almost every day because her mother yells and screams constantly, even for trivial, pointless things, such as a room in the house not smelling good. She(My Girlfriend) cannot stand living at that house, as she cries constantly, and is unable to focus on school/work because of it, and is completely miserable all the time.

My girlfriend is very responsible, and very mature, making sure her bills are paid on time, along with working very hard in school. She is ahead in credits, and can graduate early if she wishes. She has a steady job, making anywhere from $60-$100+ a week($240-$400+ a month), which is enough for her to pay her bills, and still have some left over for personal things.

The Law for Emancipation in Utah was just recently passed this year, and from what I know, 4 cases have been presented, but none have passed(Most being parents wanting their kids out of the house, and the kids not being able to support themselves).

So, My Question:
From the information above, could anyone give me a professional opinion on what the chances of her being Emancipated are?

My mother and father stand behind her 100%, and are more than willing to give her a place to live, along with helping provide food, clothing, etc for her as long as she pleases. They are even willing to go far enough as to take legal guardianship of her until she wishes to be removed.

Will the fact that she definitely has a place to go, with people willing to provide for her, along with the fact that she is able to support herself, is very mature, and it would be in her best interests to get out, increase the chances of her being Emancipated?

My Father works 10-12 hours a day, and my Mother works a tad below that. Both have very well paying jobs, are responsible, and more than willing to take her in for as long as she pleases.

We are also quite worried that if we petition for Emancipation, and it is rejected, that the mother will be even worse. Knowing her, she will absolutely freak out and do whatever she can to make her daughter's life a living hell. We know she will, without a doubt.

Also, is there a law that allows a minor going through the Emancipation process to live at another residence until the verdict has been announced? She would like to get out of there right now, to further avoid torment from her mother, but is unsure whether or not she may do so.

Please, any advice or comments that any of you can leave will be GREATLY appreciated. My girlfriend is hoping to start the Emancipation process at the end of January, but may delay until April/May to make sure everything is in order.

Thank you for any comments or advice you may leave.

Sincerely,
MatthewWhat is the name of your state?

 

[seniorjudge]

Q: From the information above, could anyone give me a professional opinion on what the chances of her being Emancipated are?

A: About 50-50, more or less.

 

[AL HR]

* Utah's emancipation law, which went into effect in May, allows teenagers 16 and 17 to petition a juvenile judge for adulthood.
* The teens must show they can live independently and manage their own affairs. The process requires that parents be notified and given a chance to respond. If granted, emancipation gives teens limited adult rights to sign leases, enroll in school, borrow money or seek medical care.

 

[Matta]

Q: Will the fact that she definitely has a place to go, with people willing to provide for her, along with the fact that she is able to support herself, is very mature, and it would be in her best interests to get out, increase the chances of her being Emancipated?

 

[stealth2]

Dude - which part of "The teens must show they can live independently and manage their own affairs. " isn't clear to you? There is no way she can support herself on $240-400 a month. And if she's being provided for by your family, she's not supporting herself. Which means she's not going to be emancipated.

 

[Matta]

There are decent apartments in Utah for $350 a month, including utilities. She plans on finding a better job very soon here, possibly full-time.
So I take it the only barrier here would be that she's not making a large enough amount of money?
I've also been told something about "Power of Attorney", which involves having another adult standing behind her, or something?
I am unsure.

 

[cbg]

Are you seriously suggesting that with a maximum income of $400 a month, a rent of $350 a month is going to be considered "living independently and managing her own financial affairs"?

Face it, getting emancipated is hard. It's supposed to be hard. Only a very small fraction of teens who apply for emancipation have a prayer of getting it. If she's 17, there is less than a year before she can legally move out without consent. In my opinion, she is far better off saving her money and planning on moving out when she's 18, than she is hoping for an emancipation before that, that has about a one tenth of one percent chance of succeeding.

 

[panther10758]

plan!

She plans on finding a better job very soon here

Well I plan on winning the lottery! See where I am going? Best thing is follow advice already given save money until you reach 18 and you then will not have to deal with subject at all!

 

[Matta]

We would both rather wait until she turns 18 as well.
Unfortunately, her mother is threatening to make her move in with her grandparents, 2-3 hours away, her "Father"(Not actually her father, just one of the mother's ex-husbands), or even worse, out of state, which would be taking her away from school, work, friends, etc.
We're of course going to attempt to stick through one more year, but it will of course be hard.
Since morning, she has already begun to find another well-paying job, or have her work schedule her for more hours.
Only time will tell.
Either way, it's a horrible situation that I hope none of you ever have to experience.

 

[CdwJava]

Utah Law:

78-3a-1001. Purpose.
(1) The purpose of this part is to provide a means by which a minor who has demonstrated the ability and capacity to manage his or her own affairs and to live independent of his or her parents or guardian, may obtain the legal status of an emancipated person with the power to enter into valid legal contracts.
(2) This part is not intended to interfere with the integrity of the family or to minimize the rights of parents or children. As provided in Section 62A-4a-201, a parent possesses a fundamental liberty interest in the care, custody, and management of their children.

78-3a-1003. Petition for emancipation.
(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.

78-3a-1004. Court procedure.
(1) Upon the filing of a petition in accordance with Section 78-3a-1003, the court shall schedule a pretrial hearing on the matter within 30 days.
(2) The court shall appoint a guardian ad litem in accordance with Section 78-3a-912 to represent the minor.
(3) At the hearing, the court shall consider the best interests of the minor according to the following:
(a) whether the minor is capable of assuming adult responsibilities;
(b) whether the minor is capable of living independently of his or her parents, guardian, or custodian;
(c) opinions and recommendations from the guardian ad litem, parents, guardian, or custodian, and any other evidence; and
(d) whether emancipation will create a risk of harm to the minor.
(4) If the court determines by clear and convincing evidence that emancipation is in the best interests of the minor, it shall issue a declaration of emancipation.

78-3a-1005. Emancipation.
(1) An emancipated minor may:
(a) enter into contracts;
(b) buy and sell property;
(c) sue or be sued;
(d) retain his or her own earnings;
(e) borrow money for any purpose, including for education; and
(f) obtain healthcare without parental consent.
(2) An emancipated minor may not be considered an adult:
(a) under the criminal laws of the state unless the requirements of Part 6, Transfer of Jurisdiction, have been met;
(b) under the criminal laws of the state when he or she is a victim and the age of the victim is an element of the offense; and
(c) for specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, possession of tobacco or firearms, and other health and safety regulations relevant to the minor because of the minor's age.
(3) An order of emancipation prospectively terminates parental responsibilities that accrue based on the minor's status as a minor under the custody and control of a parent, guardian, or custodian, including parental tort liability for the acts of the minor.

The bottom line is that if mom contests the emancipation, and there is not compelling proof that emancipation is in the best interests of the child, they are NOT going to allow her to leave home so she can shack up with her boyfriend even with the boyfriend's parent's approval. Her complaints - on their face - are not much more than those of many other teenage girls (and boys) in this country. Chores, work, grumpy parents, ad nauseum.

She can always try to petition for it, but it might cost a lot of money which she does not have and it will do nothing to improve the home situation.

I have to concur that the best bet would be to sit and wait til her birthday.

Additionally, very, very few minors who petition for emancipation EVER receive it. I can count on one hand (minus the thumb and three fingers) the number of minors I can think of that have actually obtained a contested emancipation ... and the circumstances were far more dire than your girlfriend's, and, the girl was far more responsible than most 40-year-olds I know.

Hang tight for a few months, then the two of you can hook up and do whatever you want.

- Carl