Emancipation Without Parental Consent in Virginia
I have a 16 year old female neighbor who has a mentally abusive family. Her parents are seperated and she has lived with both in the past. She now lives with her Mom and doesn't want to be there anymore due to her Mom's verbal abuse. (i.e. telling her she is stupid and trying to get the girl to go to other peoples houses for the week or weekend and then calling and wanting her to come home when she's gone.) Both parents have been diagnosed with Bi-Polar and have both been in mental hospitals. If she has a job and a plac to live could she be emancipated with out the parents' consent?
Re: emancipation without parental consent in va
Quote:
Quoting punkinbear8181976
I have a 16 year old female neighbor who has a mentally abusive family. Her parents are seperated and she has lived with both in the past. She now lives with her Mom and doesn't want to be there anymore due to her Mom's verbal abuse. (i.e. telling her she is stupid and trying to get the girl to go to other peoples houses for the week or weekend and then calling and wanting her to come home when she's gone.) Both parents have been diagnosed with Bi-Polar and have both been in mental hospitals. If she has a job and a plac to live could she be emancipated with out the parents' consent?
My understanding on this is that to be emancipated, she would have to prove to the judge that she could support herself, with no help from anyone. She would have to have a job, and afford rent, medical needs, utilities, etc. The judge may not order an emancipation even if she did qualify in this area, just because the parents are verbally abusive. In order to be emancipated, it is my understanding also, that the parent or parents, would have to be present at the emancipation hearing. I am not a lawyer, so hopefully someone will come around with more law specific answers to this question. Good luck to you!
Re: emancipation without parental consent in va
Emancipation does not require parental consent in Virginia.
Quote:
Quoting Virginia Code § 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.
Re: emancipation without parental consent in va
Quote:
Quoting aaron
Emancipation does not require parental consent in Virginia.
Thanks arron!! I love to learn. Was I correct on the rest?
Re: emancipation without parental consent in va
That's the gist of the emancipation process. It does not appear that the parents would have to be present in court in Virginia, unless they were the petitioners.
Re: emancipation without parental consent in va
Quote:
Quoting aaron
That's the gist of the emancipation process. It does not appear that the parents would have to be present in court in Virginia, unless they were the petitioners.
Thank you aaron, I will try not to give incorrect information in the future.