16-Year-Old In Virginia Considering Emancipation

**Wo19** · 12-22-2007, 01:56 PM

I'm 16, 17 shortly in 2008 and I'm considering applying towards emancipation from my parents. I have a job, and have held it for roughly 4 months now, with regular income.

I have a second place to live, with my boyfriend of (almost) 4 years, along with his family who regularly has me over at their house. They're basically my family as it is, I probably wouldn't need to pay rent there. I plan to still attend high school and graduate, or drop out if it's necessary that I work more often, and get my GED. College, is not certain anymore.

I have my own car, pay for the gas and up-keep, although it is under my mom's name and she currently pays for the insurance.

My current plan is to wait until I turn 17 and see what I'm doing from there, but this is a major consideration now. My family constantly has issues and huge fights, physical and just screaming, and to be front they drive me insane all of the time. I can't stand this environment anymore, and I've considered running away, (and have successfully) ran away from home a few times now, but I feel like I finally just need out completely. My mom is the main problem because she constantly mentally abuses me (calls me nasty names, worthless, stupid etc, tells me she hates me and that she wishes I was never born and says that she couldn't care less if I was living on the street, or dead.)

I know the basics for the most part, so my questions might be too case-specific for anyone to really help me with, sorry if that's the problem here.

- How do I go about getting emancipated? Who should I contact?
- Does anyone know specifics about what happens to personal belongings if you are emancipated? IE ~ Do I get to keep my stuff?
- Do you personally think my case would stand in court?

panther10758 · 12-22-2007, 02:40 PM

No judge anywhere is going to grant such a petition so a minor can live with her BF!

panther10758 · 12-22-2007, 02:40 PM

TITLE 16.1. COURTS NOT OF RECORD

CHAPTER 11. JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS

ARTICLE 15. EMANCIPATION OF MINORS

§ 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.

§ 16.1-334. Effects of order.

An order that a minor is emancipated shall have the following effects:

1. The minor may consent to medical, dental, or psychiatric care, without parental consent, knowledge, or liability;

2. The minor may enter into a binding contract or execute a will;

3. The minor may sue and be sued in his own name;

4. The minor shall be entitled to his own earnings and shall be free of control by his parents or guardian;

5. The minor may establish his own residence;

6. The minor may buy and sell real property;

7. The minor may not thereafter be the subject of a petition under this chapter as abused, neglected, abandoned, in need of services, in need of supervision, or in violation of a juvenile curfew ordinance enacted by a local governing body;

8. The minor may enroll in any school or college, without parental consent;

9. The minor may secure a driver's license under § 46.2-334 or § 46.2-335 without parental consent;

10. The parents of the minor shall no longer be the guardians of the minor;

11. The parents of a minor shall be relieved of any obligations respecting his school attendance under Article 1 (§ 22.1-254 et seq.) of Chapter 14 of Title 22.1;

12. The parents shall be relieved of all obligation to support the minor;

13. The minor shall be emancipated for the purposes of parental liability for his acts;

14. The minor may execute releases in his own name;

15. The minor may not have a guardian ad litem appointed for him pursuant to any statute solely because he is under age eighteen; and

16. The minor may marry without parental, judicial, or other consent.

The acts done when such order is or is purported to be in effect shall be valid notwithstanding any subsequent action terminating such order or a judicial determination that the order was void ab initio.

§ 16.1-334.1. Identification card issued to minor by DMV.

When entering an emancipation order under § 16.1-333, the court shall issue to the emancipated minor a copy of the order. Upon application to the Department of Motor Vehicles and submission of the copy, the Department shall issue to the minor an identification card containing the minor's photograph, a statement that such minor is emancipated, and a listing of all effects of the emancipation order as set forth in § 16.1-334.