Utah Emancipation of Minor Law

Minors – Emancipation of Minor – Utah

15-2-1: Period of minority.

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.

30-1-9: Marriage by minors – Consent of parent or guardian – Juvenile court authorization.

(1) For purposes of this section, “minor” means a male or female under 18 years of age.

(2)
(a) If at the time of applying for a license the applicant is a minor, and not before married, a license may not be issued without the signed consent of the minor’s father, mother, or guardian given in person to the clerk; however:
(i) if the parents of the minor are divorced, consent shall be given by the parent having legal custody of the minor as evidenced by an oath of affirmation to the clerk;

(ii) if the parents of the minor are divorced and have been awarded joint custody of the minor, consent shall be given by the parent having physical custody of the minor the majority of the time as evidenced by an oath of affirmation to the clerk; or

(iii) if the minor is not in the custody of a parent, the legal guardian shall provide the consent and provide proof of guardianship by court order as well as an oath of affirmation.

(b) If the male or female is 15 years of age, the minor and the parent or guardian of the minor shall obtain a written authorization to marry from:
(i) a judge of the court exercising juvenile jurisdiction in the county where either party to the marriage resides; or

(ii) a court commissioner as permitted by rule of the Judicial Council.

(3)
(a) Before issuing written authorization for a minor to marry, the judge or court commissioner shall determine:
(i) that the minor is entering into the marriage voluntarily; and

(ii) the marriage is in the best interests of the minor under the circumstances.

(b) The judge or court commissioner shall require that both parties to the marriage complete premarital counseling. This requirement may be waived if premarital counseling is not reasonably available.

(c) The judge or court commissioner may require:
(i) that the person continue to attend school, unless excused under Section 53A-11-102; and

(ii) any other conditions that the court deems reasonable under the circumstances.

(4) The determination required in Subsection (3) shall be made on the record. Any inquiry conducted by the judge or commissioner may be conducted in chambers.

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.

Enacted by Chapter 132, 2006 General Session 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.

Enacted by Chapter 132, 2006 General Session


Inside Utah Emancipation of Minor Law