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Emancipation of a Minor in West Virginia

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  • 04-13-2011, 06:24 PM
    LawResearcherMissy
    Re: Emancipation in West Virginia
    Quote:

    Quoting ltowns1029
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    I didn't once ask for anyone to make a remark about me having a child. That has nothing to do with me needing more supervision. SO, keep your rude & unnecessary comments to yourself.

    Oh, sweetums, no, that's not how posting in a public forum works.

    Even if you you did have the wherewithal to bring forth an emancipation petition, the JUDGE would tell you that it's clear that you need more supervision. It's not rude, it's the truth. The law is not in your favor.
  • 04-13-2011, 06:26 PM
    Dogmatique
    Re: Emancipation in West Virginia
    Quote:

    Quoting ltowns1029
    View Post
    I didn't once ask for anyone to make a remark about me having a child. That has nothing to do with me needing more supervision. SO, keep your rude & unnecessary comments to yourself.



    Actually, it wasn't unnecessary. A teen who has a child is not going to be considered mature or responsible enough to be legally emancipated. The courts see it like this: If you went out and got pregnant while under your parent/guardian's care, what are you going to get up to when there's nobody watching over you?

    I'm sorry you didn't like that, but it is what it is.
  • 04-14-2011, 12:51 AM
    aardvarc
    Re: Emancipation in West Virginia
    And if you're receiving government benefits, that alone tells the court that you do NOT have the means to support yourself (cause those benefits would have to go bye bye first, and THEN you'd have to prove that you could make it on your earnings).
  • 04-14-2011, 09:25 AM
    Mr. Knowitall
    Re: Emancipation in West Virginia
    I'm sure you followed the forum instructions and read the laws of your state before posting, so you knew up front that your state's law provides "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."
    Quote:

    Quoting ltowns1029
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    After me and my boyfriend get an apartment we will sign up for WV Works, which is a check from the government, and pays for us to go to GED classes, as well as babysitting.

    In other words you cannot provide for your (or your child's) financial well-being. Sorry, "If you emancipate me I'll go on welfare" is not the same thing as proving that you're presently able to provide for your own support. Or, for that matter, that you'll be capable of self-support in the future.
    Quote:

    Quoting ltowns1029
    View Post
    Well that creates another problem, because since my grandparents are moving, I have nowhere to go unless I can get emancipated & get an apartment. SO, any help there?

    No. You need to be able to provide for your physical well-being in order to become emancipated - saying, "I'm homeless and have no place to stay" is an argument against emancipation. It is an argument that you need somebody to house, feed and clothe you (and your child).
    Quote:

    Quoting ltowns1029
    I have called around to quite a few, and I keep getting the same response, that they don't do that type of paperwork.

    Or, at least, they won't for free or on the cheap. Any family law firm should be able to figure out how to prepare and file an emancipation petition if you pay their hourly fees.
    Quote:

    Quoting ltowns1029
    View Post
    I didn't once ask for anyone to make a remark about me having a child. That has nothing to do with me needing more supervision. SO, keep your rude & unnecessary comments to yourself.

    Sorry, but your obligation to support your child plays a factor in your desire to be emancipated. Your household budget will need to include the cost of caring for your child and, as previously indicated, "We're going to go on welfare" is the opposite of evidence that you can provide for your own financial well-being. Also, you should not expect the judge to be impressed with the idea that you'll be moving in with the father with no intention of getting married, and with his also having neither the ability nor a plan to support his family beyond "We'll go on welfare."
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