QUESTION

Can I move out of my parents’ house even if I'm still in high school?

Asked on Sep 11th, 2013 on Child Custody - Utah
More details to this question:
I also want to know the steps to being emancipated financially after turning 18.
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3 ANSWERS

When you are 18, you can strike out on your own, financially, morally, etc. You do not need any emancipation process other than turning 18. You may have trouble renting an apartment due to no credit history, and decent paying employment with only a HS education, assuming you have finished HS at age 18, may be difficult to come by. Yet, there are store clerks making 500 a week, and cable pullers in unions making that much or more. If you land a state or local govt. job the pay may be somewhat less depending on the job and your jurisdiction, but many govt. jobs have decent benefits toward retirement and health insurance. Best wishes as you enter adulthood.
Answered on Sep 13th, 2013 at 1:36 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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I presume that your parents will not allow you move out of the house. In that case, you, as a minor, do not have the legal right to move out of your parents house, and if you do they can have you arrested and placed in a juvenile detention facility. For minors who live in an intolerable home environment, they can petition the court to be legally emancipated from their parents and allowed to live independently. Utah Code, Title 78A, Chapter 6 governs the emancipation of minors. Utah Code Section 78A-6-801 provides, in part: (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. Accroding to Utah Code Section 78A-6-803 (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. Utah Code Section 78A-6-804 (Court procedure) provides the procedure for seeking emancipation: (1) Upon the filing of a petition in accordance with Section 78A-6-803, the court shall review the petition for completeness and whether the petitioner meets the age requirement for filing the petition. (a) If the petition is incomplete or the petitioner does not meet the age requirement, the court may dismiss the action immediately. (b) If the petition is complete and the petitioner meets the age requirement, the court shall schedule a pretrial hearing on the matter within 30 days. (2) The court may appoint a guardian ad litem in accordance with Section 78A-6-902 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. Utah Code Section 78A-6-805 details the rights of an emancipated minor: (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 7, 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, poss
Answered on Sep 13th, 2013 at 1:36 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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After 18, there are no steps. You are an adult and you can sink or swim on your own. But if you go out on your own, don't expect any help from your parents because they don't owe it to you. Perhaps you are in a situation where they don't provide support, so it won't be different. But if they do, you may very likely lose that.
Answered on Sep 13th, 2013 at 1:36 PM

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