Legal Question in Family Law in Utah

minor emancipation

Can a 17 year old high school student become emancipated from a parent if he can show that he will be supported by another family or must he be able to support himself? If his parents are divorced and have joint custody, can permission from just one parent allow the minor to leave his current home with his parent to stay with a third party? How difficult would this be for him to do? There is emotional abuse at his own home but it would not be an easy thing for him to prove. Thank you.


Asked on 4/23/03, 10:19 pm

1 Answer from Attorneys
Edward Stone The Stone Law Firm

Re: minor emancipation

If he is being supported by another family, then the primary care giver would be entitled to receive child support. If that caregiver did not wish to seek child support, then none would be paid unless the caregiver seeks title IV benefits. Permission from just one parent for the child to live elsewhere is probably not sufficient, and the other parent will have the opportunity to petition for primary custody and that his/her custodial care will be presumed to be better than that of a third party.

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Answered on 4/24/03, 9:49 am


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