Emancipation Needed

[thejayman149]

Im 15years old going on 16 in two weeks.I have been in the care of Fairfax County Department of Family Services(Foster Care) for about 8 months. I was put into care because of Neglect/Lack of Supervision. I have been working since I was 14. I haverecently gotten a new job at Glory Days Grill and make about 650.00 a month and still attend school and have "descent" grades. I am in a theraputic foster care agency were I recieve therapy and independing living skills as needed.

I have lived independent/ taken care of my young and older siblings during my biological mothers outbursts. I have always had to take care of my brothers by laundry,cooking, making sure everything was clean. I have never been a child. I have immedate family in the metro area..

I have many independent living skills and basicly have lived one my own for about 2 years. I know the up's and down's of my life so far and know how to maintain my health and take care of my self..

I am wondering what are my chances of being sucessfully emancipated from the "system" before filing a petition to the court.

Please Help..!

[panther10758]

Virginia Code § 16.1-331. Petition for emancipation.
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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.

It appears as though you will require parental consent or whoever has legal authority over you. Can you get that consent?

[thejayman149]

It all depends on if my Social Worker will grant it. I think that might be an issue. Anyways I can got about dealing with that?

Shes not the nicest in the world and trying to tell her I want her to file a petition for emancipation, she probably will ask me if im'm stupid.

[panther10758]

Without consent from whom ever has legal authority over you I dont see it happeneing

[aaron]

I don't see anything in that statute which requires parental consent.

Realistically, as you are in foster care, a court has already determined you to be a child in need of protection. I'm not sure what the therapeutic aspects are of your foster program, but the court's belief that you require therapeutic services would likely also weigh against emancipation. You should speak with your case worker about whether there are programs to transition older foster children to independent residences prior to their reaching the age of 18.

[poetrygul]

i don't think there really is a need for you to get emancipated.... the state has programs that consisit of you living by yourself and recieving finacial support until you turn eighteen. I'm not sure how you go about this , but one of my friends is currently doing this. i think you should ask your social worker

[thejayman149]

Inependent living does not start in the County of fairfax until 18. If i wanted independent living than it would defeat the purpose of emancipation but independent living wont start until for me 2009. I dont't want to stay in the care of the county and wish to be on my own. but if emanciaption isn't a good idea than i will push it till i turn 18.

[poetrygul]

im sorry my friend that did it lives in georgia now. so i guess it is diffrent because she started at 16