Minor Considering Emancipation
My question involves juvenile law in the State of: Virginia
First, a couple things about me:
I'm 16-years-old. My birthday is June 18
I do not hate my parents. I respect them and their rules.
I am not mentally sick, unstable, or suicidal.
I have a GED
Now, my story.
Getting the GED was my idea. The agreement was that I'd begin furthering my education promptly after receiving my diploma. However, after getting my GED, my parents suddenly had a change of heart where they no longer feel comfortable allowing me to progress with my life (which includes beginning college) until I'm AT LEAST 19 (although by 18 they no longer have a say in the matter) therefore leaving me at home all day simply bumming.
So after twisting their arms I managed to gain the ability to get a couple part time jobs, however I'm still extremely dissatisfied with my near future they're pressing me towards, as the next year-and-a-half are essentially going to be a gigantic waste of my valuable time.
I've done the calculations, and I have the ability to live alone and still afford a high education.
Soon, I'll also be achieving Eagle rank in BSA
That is where emancipation comes in.
I'm just trying to progress with my life. My time is precious and right now they're wasting a year-and-a-half of it.
I understand a bazillion other children have seeked emancipation just as I have. I just need to know if I'd be wasting my time, or if I can make a legitimate case for myself.
I'm sincerely grateful for your taking the time to read this and share your insight.
Re: Minor Considering Emancipation
You're 16, and earning enough to support yourself? Full market rent, utilities, food, clothing, health insurance, transportation, sundries?
Re: Minor Considering Emancipation
Yessir. I work with a big company as lead website developer/database manager (The name of the company shall remain anonymous)
The part-time job (currently I have 1) is merely to soak up my unused time.
Re: Minor Considering Emancipation
What is your approximate monthly net income?
Re: Minor Considering Emancipation
I still live with my parents, so I essentially retain my gross income as I have no real expenses.
Re: Minor Considering Emancipation
Re: Minor Considering Emancipation
Approx. $20,000
Yearly, of course.
Re: Minor Considering Emancipation
A gross income of $20,000?
Then the answer is, you're wasting your time. That is not enough to pay all your own expenses.
Re: Minor Considering Emancipation
Is that what the judge would rule? Because, to my understanding, it's very possible - albeit difficult - to live on $20k/yr
I've seen it done before
Re: Minor Considering Emancipation
Judges look for reasons to deny emancipation petitions. It sounds as if your parents are not in favor of the idea, nor is there really any valid reason for you to be emancipated. You don't NEED it; you just WANT it. Therefore, a judge is likely to rule against you even if you had an income that was more than sufficient. Given that it is not, I wouldn't hold my breath expecting a favorable resolution to this question.
Re: Minor Considering Emancipation
I see. Thank you for the information.
Before I leave; I'm simply curious: it appears emancipation is nigh impossible to achieve. Are the cases of granted emancipation as rare as they sound?
Re: Minor Considering Emancipation
They are extremely rare. About the only valid reason for emancipation that I can think of is, "My parents were killed in a car crash and I need the legal right to sign contracts so that I can pay the rent and the light bill and take care of my younger siblings".
Re: Minor Considering Emancipation
Incredibly rare, Funny.
Many states don't actually have statutes allowing for the emancipation of a minor; those which do generally seek to find ways to not make it happen.
In my State for example, if you're in one particular county your chances are about 3%. If you're not in that county? They fall to about 1%.
Re: Minor Considering Emancipation
One of our members here did some checking for his state a few years back.
In Georgia, in 2005, there were 12 minors emancipated. 12. Out of several thousand applicants. All were granted emancipation based on one specific loophole in the law at that time. FYI, that loophole would not apply to you.
The Georgia legislature decided that 12 were too many. In 2006, they passed a bill that tightened up that loophole. None of the 12 would qualify today. And as far as I know, there hasn't been an emancipation in Georgia since.
Re: Minor Considering Emancipation
Wow, admittedly I feel a bit foolish and humbled now. I apologize for wasting your time
I suppose all that's left for me to do is man up, sit down, and have a chat with the parents. Perhaps I'll convince them to grant my wishes of education by 2012 beginning semester
Thank you for the invaluable information
Re: Minor Considering Emancipation
You absolutely have not wasted anyone's time here, Funny :)
Happy Rest Of Holidays, and good luck for the future.
Re: Minor Considering Emancipation
If it helps bring you to an understanding with your parents, then the time is not wasted. And I know I speak for Doggie when I say that we both appreciate your willingness to accept an answer that you did not want to hear. That's quite a bit more than many kids your age have done.
Have a very Merry rest of Christmas and a great new year.
Re: Minor Considering Emancipation
Happy Holidays to you two as well!
Re: Minor Considering Emancipation
And, just as a side note, at most colleges these days, you can get credit by exam via CLEP and DSST for up to 45 credits towards your Bachelor's degree. CLEP has the "basic" college courses (math, social science, history), DSST has a wider range of specific credits. If you've got the time on your hands, you could knock out a year and a half of college coursework at your own pace and keep the education ball rolling (especially if there are general required courses that are needed for your degree, but that you have no desire to actually sit in class for).
Re: Minor Considering Emancipation
Yes thank you, I'm aware of the CLEP system. I've already begun studying for a couple tests.
Sometimes I simply feel like I'm not working to my full potential (Not to sound immodest. There's nothing wrong with knowing one's potential). And one can only take so many CLEP exams
I'm not familiar with DSST though. I'll research it
Re: Minor Considering Emancipation
They were initially developed for the military (DANTES testing), but most public universities and many private ones now accept them for credit - some of the exams even apply as upper division credits.
List of courses and materials can be found at:
http://www.getcollegecredit.com/
I've found that the best way to study is to get 2 used textbooks on the topic that are 3 to 4 years old (SO much cheaper). Best to study from more than one text to get a broader approach - the tests aren't geared towards any one text or author, so any general textbook newer than 5 or 6 years old should suffice.
Re: Minor Considering Emancipation
I'm not sure why it is such a burden for people to read the threads and links about emancipation, stickied at the top of the forum.
Per this thread,
Quote:
Quoting Virginia Code § 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.
We're not talking about marriage or the military, so that leaves the third possibility, a self-supporting minor living apart from his parents with their consent. You cannot petition for emancipation to get the right to move out - you can petition for emancipation once your parents let you set up your independent household and you demonstrate your ability to support yourself.