Questions About Emancipation in Virginia

[Volpe423]

I am a 15 year old female, but I will be 16 in August. I know that in Virginia, you must be 16 to be emancipated.
I have a job with flexible hours and I am applying for a second job.
Collectively, I will make close to 300 or 400 dollars a week, depending on how many hours worked, etc.
I am a senior in high school, I will graduate when I am 16.

My problem is this;
My mother and I are constantly feuding and at each other's throats. My father died when I was seven. They were divorced when I was a year old. Since then, my mother has been remarried twice. She is still in her third marriage. Her last husband was abusive and made sexual advances to my sister and I. He also threatened, verbally attacked, and attempted to physically attack my brother and myself.
Her current husband is not physically abusive, nor has he ever been. However, he has not held a steady job for the close to six years we have lived with him. He insults my siblings and I often and acts as though he is our father, when he is not.

My sister just recently had a child. Since she became pregnant, my mother has found it to be her utmost duty to crack down on me in every situation possible. It is now my responsibility to keep the home clean at all times, help clean up after my sister's child, help watch my sister's child when she is at work, and be able to drop anything I am doing, including work, to come home simply because she wants me home.

This is weighing me down physically and emotionally. I have not yet moved out of the house, for fear of the reaction of my mother. She is tears me apart emotionally.

She has also stated that she does not feel "comfortable" with me graduating at 16 and going to college at 17. I am afraid she may try to hold me back from going to college.


I currently work for my best friend's father and he is the one who has brought emancipation to my attention. I have two friends, both the age of 18, who have offered to let me live in their apartment as long as I help pay rent, etc. They would also be able to provide transportation for me to school and work until I acquire my liscense. I already have a car which is registered in my name (according to my mother, it is).

I know that I must show proof that I can live and support myself efficiently if I hope to become emancipated.

I know that this is not an easy task, so I was wondering what help and other information I can get before I proceed with anything.

Help ?

[panther10758]

Quoting 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.



I might that you "could" get a second job or other "ifs" will not work as an arguement in favor of emancipation

[Volpe423]

I might that you "could" get a second job or other "ifs" will not work as an arguement in favor of emancipation

so you mean that nothing will support my arguement in favor of emancipation if I don't have a second job ?

[aaron]

A minor seeking emancipation must establish that "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." (Virginia Statutes§ 16.1-333). One job, two jobs, three jobs - the number of jobs is irrelevant. The question is, can you support yourself?

[panther10758]

You cannot go to court and tell a judge I can (but don't currently have) a second job or I can (but don't current get) more hours!

[Volpe423]

Okay, well this is what the situation is turning into.
I am moving in with two room mates the end of August.
I will be working two jobs, plus attending school. The first job allows me the second due to hours.
I will be making more than enough to support myself.
I had my interview yesterday and talked to the owner. He assured me that I would be making enough just from that job to support myself if I'm rooming up with two other people.

Would this be enough?
That I'm living on my own, making enough money to support myself?

[panther10758]

The owner does not know your expenses only your rent. I might add what happens if one of more roomates leave? You need to be self supporting! You will be working two jobs is not working two jobs yet. Furthermore a judge may hav cause to be concerned that two jobs will cause you to negelect your studies.

[Volpe423]

I have the second job.
I went for the interview, owner says I have it.

The first job will only require me to work selective hours during the week, which I can choose and arrange with my boss.
The second requires weekends, which won't be a big deal. I've never been one to neglect my studies, I've had a 3.9 GPA throughout high school. That shouldn't be a concern. I'll only be here for another year and then I'm off to college, which will be a whole different ball game with being emancipated. I have a trust fund from my father which will grant me $20,000 when I graduate/turn 18, which will be put towards college.

And if one or more of the roomates leave, I either find other roomates and/or I deal with not having extra cash on me until I can find either another roomate or a cheaper apartment. The one that I will be staying in is 500$ a month, plus utilities, and it is only a 10 minute walk from both jobs and the school.

I know that this is a hard thing to do, but you're making it seem like it's impossible. You also seem to think that I haven't thought this through.

I've done research and I have been saving money in order to do this. Although it might not seem like enough, I have $2,000 saved. I know it will help me get a head start on apartment details and other expenses like groceries.

You don't think the judge would emancipate me on the basis that I live with two roomates ? Even though I will obviously be self supporting once I move out ?

I do not plan to try to become emancipated until the beginning of September. By that time I will have had my second job for months, plus school, plus I will have already moved out into the apartment.

[cbg]

Whether or not we think a judge will emancipate you is irrelevant. None of us are in the business of predicting the future.

However, here are some numbers for you (statistics provided by a friend of mine for his state - while your state's mileage may vary, it will not vary much).

For the year 2005 (the last year for which statistics were available), approximately 10,000 applications for minor emancipation were received by the state of GA.

Of the 10,000, 12 were approved. 9,988 were denied.

Given those odds, you tell me what you think the chances are.

[jojo4]

I have not yet moved out of the house, for fear of the reaction of my mother. She is tears me apart emotionally.

She has also stated that she does not feel "comfortable" with me graduating at 16 and going to college at 17. I am afraid she may try to hold me back from going to college.

You state that you fear the reaction of your mother if you move out. You say that you fear that she will not allow you go to college at the age of 17.

I am moving in with two room mates the end of August.

NOW you state that you are moving out in August.

My question to you is: do you have your mother's consent to move out? If not, you cannot just pick up and go. You reside where your mother allows you to reside.