Emancipation Requirements and Process

[Nefer]

I'm trying help a minor emancipate themselves from their parents and would like some assistance in understanding the requirements for emancipation.

the minor willingly lives separate and apart from his parents or guardian, with the consent or acquiescence of the parents or guardian, and that the minor is or is capable of supporting himself and competently managing his own financial affairs.

Does separate and apart from his parents or guardian mean they must live by themselves or can they live where ever they want, provided they are away from their parents or guardian (i.e. with a roommate, boyfriend/girlfriend, family friend)?

What happens if a minor wants to gain emancipation, but cannot get the consent of their parents to move out? Can they file for emancipation while still living with their parents provided they have made living arrangements? If they move out of their home without parental consent and then file for emancipation they would be considered a run-away, correct?

What does capable of supporting himself really mean? Can someone else provide for them financially, fully or partly, provided they were capable of supporting themselves should that support cease? What is generally considered to be enough for a minor to support themselves with by the courts?

Also, how do you start the emancipation process? Who do you call? What forms do you need? Can anyone break the process down into steps for me?

There is one last topic I'd like to ask about. Does anyone know what would happen to a minor if they contacted child protective services in regards to a physically/emotionally abuse household? Would they be forced to live with an arbitrary foster family or would they have some discretion over where they would live?

I appreciate any help in answering these questions. Thank you very much.

[panther10758]

I dont see where you posted teh State. No one can help you without that as different States have differnt emancepatin statues and some states have none!

[Happy Trails]

I'll assume it is Virginia (since that is the forum you used).

§ 16.1-331. Petition for emancipation.

Any minor who has reached his sixteenth birthday and is residing in this Commonwealth, or any parent or guardian of such minor, may petition the juvenile and domestic relations district court for the county or city in which either the minor or his parents or guardian resides for a determination that the minor named in the petition be emancipated. The petition shall contain, in addition to the information required by § 16.1-262, the gender of the minor and, if the petitioner is not the minor, the name of the petitioner and the relationship of the petitioner to the minor.


§ 16.1-332. Orders of court; investigation, report and appointment of counsel.

If deemed appropriate the court may (i) require the local department of welfare or social services or any other agency or person to investigate the allegations in the petition and file a report of that investigation with the court, (ii) appoint counsel for the minor's parents or guardian, or (iii) make any other orders regarding the matter which the court deems appropriate. In any case pursuant to this article the court shall appoint counsel for the minor to serve as guardian ad litem.


§ 16.1-333. Findings necessary to order that minor is emancipated.

The court may enter an order declaring the minor emancipated if, after a hearing, it is found that: (i) the minor has entered into a valid marriage, whether or not that marriage has been terminated by dissolution; or (ii) the minor is on active duty with any of the armed forces of the United States of America; or (iii) the minor willingly lives separate and apart from his parents or guardian, with the consent or acquiescence of the parents or guardian, and that the minor is or is capable of supporting himself and competently managing his own financial affairs.

Does separate and apart from his parents or guardian mean they must live by themselves or can they live where ever they want, provided they are away from their parents or guardian (i.e. with a roommate, boyfriend/girlfriend, family friend)?

If the parents don't have a problem with the minor moving in with someone, then no problem.

What happens if a minor wants to gain emancipation, but cannot get the consent of their parents to move out? Can they file for emancipation while still living with their parents provided they have made living arrangements? If they move out of their home without parental consent and then file for emancipation they would be considered a run-away, correct?

If the minor moves out without parental consent, then the minor will be considered a runaway.

The statute states that the court MAY consider it, if the minor lives separately (not with parents), capable of supporting him/herself and show that he/she can completely manage own financial affairs.

What does capable of supporting himself really mean? Can someone else provide for them financially, fully or partly, provided they were capable of supporting themselves should that support cease? What is generally considered to be enough for a minor to support themselves with by the courts?

Having the income and the ability to support himself. (Have a really good job!) Depending on someone else for income isn't supporting himself. (What would happen to the minor if something were to happen to the person they were getting support from?)

Also, how do you start the emancipation process? Who do you call? What forms do you need? Can anyone break the process down into steps for me?

Easiest way would be to get a lawyer. Otherwise you could check with the courthouse and see if they have forms that could be filed for emancipation. Then you would get a court date, parents would be notified, then you try to prove the above (§ 16.1-333) and see if the judge will approve it.

There is one last topic I'd like to ask about. Does anyone know what would happen to a minor if they contacted child protective services in regards to a physically/emotionally abuse household? Would they be forced to live with an arbitrary foster family or would they have some discretion over where they would live?

That would depend on the investigation made by CPS. No one hear can guess what they may do. If there is abuse, it should be reported. The minor can also consult with a school counselor.

[Nefer]

You are correct, this is for Virginia. Thank you for your quick response. Just a couple comments.

Having the income and the ability to support himself. (Have a really good job!) Depending on someone else for income isn't supporting himself. (What would happen to the minor if something were to happen to the person they were getting support from?)

I didn't mean not working and having someone else support them, but what about an individual capable of supporting themselves being partially supported by another? For example - A minor seeking emancipation has a job making roughly $10,000-$15,000 a year. That is enough money to support a meager lifestyle. However, what if they lived with a person making about $50,000 a year and that person covered things like rent and food. The minor is capable of supporting themselves, but they do have some support for another.

Easiest way would be to get a lawyer. Otherwise you could check with the courthouse and see if they have forms that could be filed for emancipation. Then you would get a court date, parents would be notified, then you try to prove the above (§ 16.1-333) and see if the judge will approve it.

We did try contacting a lawyer, but they told us that emancipation was a complicated and difficult process and that we should call Child Protective Services instead.

[cbg]

And what happens when the person making $50,000 gets hit by a bus? Or gets fed up and kicks the kid out?

If the minor is not able to show that they are capable of COMPLETE self-support, they are not meeting the requirements.

[panther10758]

We did try contacting a lawyer, but they told us that emancipation was a complicated and difficult process and that we should call Child Protective Services instead.

then perhaps you should. Emancepation si complicated and if teh teen is not emotionally could cause more problems than solve. If this child is being abused then the abuser should face justice or problem dealt with so it does not continue. therapy for parents and teen is advisable as well. A teen being abused has emotional scars top that with adult reposnisbilities of iving on your own is a recipe for disaster. On support front an emancepated minor must be 100% self supporting this means no outside help.

[Happy Trails]

You are correct, this is for Virginia. Thank you for your quick response. Just a couple comments.



I didn't mean not working and having someone else support them, but what about an individual capable of supporting themselves being partially supported by another? For example - A minor seeking emancipation has a job making roughly $10,000-$15,000 a year. That is enough money to support a meager lifestyle. However, what if they lived with a person making about $50,000 a year and that person covered things like rent and food. The minor is capable of supporting themselves, but they do have some support for another.




We did try contacting a lawyer, but they told us that emancipation was a complicated and difficult process and that we should call Child Protective Services instead.

I am in total agreement with that lawyer.

Emancipation is rare.