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Emancipation Help for West Virginia

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  • 06-05-2006, 12:49 AM
    jamie7780
    Emancipation Help for West Virginia
    I am 16 years old, live in West Virginia, and have been having a horrible and hurtful relationship with my mom for years now. My father has not been around since i was 7 and is a big drug addict, my mom ,shall I say, Is a bit off the wall. and she will yell scream and degrade me every chance she gets. I have been looking into the emancipation law for a while now, ive had a job since March now, and its minumum but its a job, its just not enough to provide myself a apartment, house, bills, etc, and i was wondering if ,when emancipated, do you get any kind of financial support? i would really appreciate the help. Thank You.
  • 06-05-2006, 08:49 AM
    aaron
    Re: Emancipation Help for West Virginia
    Pursuant to West Virginia law,
    Quote:

    Quoting West Virginia Code §49-7-27. Emancipation.
    A child over the age of sixteen may petition a court to be declared emancipated. The parents or custodians shall be made respondents and, in addition to personal service thereon, there shall be publication as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. Upon a showing that such child can provide for his physical and financial well-being and has the ability to make decisions for himself, the court may for good cause shown declare the child emancipated. The child shall thereafter have full capacity to contract in his own right and the parents or custodians shall have no right to the custody and control of such child or duty to provide the child with care and financial support. A child over the age of sixteen years who marries shall be emancipated by operation of law. An emancipated child shall have all of the privileges, rights and duties of an adult, including the right of contract, except that such child shall remain a child as defined for the purposes of articles five and five-a of this chapter.

    That language suggests that if you are already getting outside financial support, and can demonstrate to a court that the support would continue, the court would likely consider that in determining whether or not you can attend to your own financial well-being, but if you're not capable of self-support when you petition you probably won't be granted emancipation.
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