Emancipation of a Minor in West Virginia

My question involves emancipation laws for the State of: West Virginia.
Currently, I am living with my Grandparents and I have not lived with my mother for over a year. I don't talk to my father, nor does he have any custody over me. I have a son, and I have a job. I recieve food stamp benefits, as well as medical benefits. My grandparents are wanting to move out of state soon, so my boyfriend (babys dad) and I have decided to get a low-income apartment. I have called around to get low income apartments and they all say I need court papers proving emancipation, to be married, or eighteen years of age. I am only seventeen, and we aren't planning to get married right away. My mother has agreed to sign emancipation papers for me to get my own apartment. 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.
Now, my first question is, with these things in mind, what are my chances of being emancipated? Because it is $145 to FILE, plus I need a lawyer to draw up the paperwork correctly. My second question is, are there any lawyers in my area that will do the emancipation paperwork? I have called around to quite a few, and I keep getting the same response, that they don't do that type of paperwork. Also, I have tried going through Legal Aid, but I cannot recieve help from Legal Aid because years ago my father recieved help from them, and my case would be against him. So, it was denied. PLEASE HELP :)

You have no chance of being emancipated, I'm afraid.

Emancipation means you are already fully self-supporting; you're a minor with a child living off state benefits. Please stick around and read the other threads in this section.

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?

It's not going to change the law or the requirements, no. The law is not in the habit of saying, "Oh, well, if it's too inconvenient for you to fulfill the requirements for emancipation, we'll just let you go ahead anyway". The law is NOT going to emancipate a minor with a child who needs state benefits to survive. That is NOT what emancipation means.

As for solutions to your problem, moving with your grandparents or in with your mother comes to mind.

I can't move in with my mom because there's no room for me & my son both. My boyfriends mom would let me move in with her, but there are only three people allowed on her lease. & I cannot move with my grandparents because my sons father is living in this state, and when my grandparents move they are moving to a retirement area where only seniors are allowed.

and, like i said, I HAVE A JOB. I was just stating other things that I currently have.

We understand that you have a job. Do you understand that it takes more than having a job to make you eligible?

..and further, there are several issues which make you INeligible...you're on State aid, and you have a child. This tells the State that you need more, not less, adult supervision.

As you are a minor, SOMEONE is your legal guardian. Whomever that person is, is the one who is legally responsible for you, your housing, upkeep, etc. (note that they are NOT responsible for your child).

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.

It has a great deal to do with why you do not qualify for emancipation, however. Therefore, in the context of your question, it is not at all an unnecessary comment. And I don't see where anyone (except you) was rude.

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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.

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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.

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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.

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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.

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).

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."

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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.

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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.

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Quoting ltowns1029

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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?

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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).

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Quoting ltowns1029

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

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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.

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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.

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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."