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Family Law Keyed to Weisberg
State v. C.R. & C.R
Facts
In 1984 R.R., nearly 15, left his parents’ home and left with various relatives. In 1985, a petition was filed alleging that R.R. was a dependant child. The court found R.R. to be dependent within the meaning of the statute and temporarily awarded legal custody of R.R. to the Utah Department of Family Services (DFS). In 1986 the temporary order terminated and custody was awarded to R.R.’s parents, to be supervised by DFS. The State filed a petition against R.R.’s parents seeking reimbursement in support for R.R. expended during the period he was in DFS’s custody. The parents contested the petition based on the common law doctrine of emancipation and claimed their duty to support R.R. was terminated when he left their home to live elsewhere in a lifestyle of which they disapproved. The parents testified that they never ordered him to leave, but that he left because he refused to accept their condition that he give up his homosexual lifestyle. The State argued that R.R.’s parents had not met the burden of proving emancipation because there was no evidence that he was financially independent or that he could provide his own residence. The State also argued that he had not left voluntarily because his parents had forced him to leave the household.
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