80-7-103. Petition for emancipation -- Amending a petition -- Continuance.

256 words·~1 min read·/ut/title-80/chapter-7/80-7-103

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 9/1/2021

(1)A minor may petition the juvenile court on the minor's own behalf for a declaration of emancipation.

(2)The petition under Subsection

(1)shall:

(a)be on a form provided by the clerk of the juvenile court; and

(b)state that the minor is:

(i)16 years old or older;

(ii)capable of living independently of the minor's parents or guardian; and

(iii)capable of managing the minor's own financial affairs.

(3)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 juvenile court determines that service is impractical.

(a)When it appears in a proceeding under this chapter that evidence presented points to material facts not alleged in the petition described in Subsection

(1), the juvenile court may consider the additional or different material facts raised by the evidence if the parties consent.

(b)The juvenile court, on a motion from any interested party or on the court's own motion, shall direct that the petition be amended to conform to the evidence.

(c)If an amended petition under Subsection (4)(b) results in a substantial departure from the material facts originally alleged, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.

Renumbered and Amended by Chapter 261 , 2021 General Session