My question involves juvenile law in the State of: West Virginia. I am currently 15. I was looking into getting emancipated after I turn 16 and have a job that pays a decent amount of money. I have a friend who will be 18 next year. I was wondering if she had a job and was paying half of the bills for an apartment, if I could pay the other half and that be considered being able to care for myself? I was also wondering if after being emancipated I could move to a different county? My last question is, is there any way to keep my mother from knowing that I am petitioning the court for emanciation and if she happened to find out, if she could stop it?
Petitioning the Court for Emancipation
Printable View
-
12-28-2011, 09:53 PMmichaeladawnPetitioning the Court for Emancipation
-
12-28-2011, 09:56 PMDisagreeableRe: Petitioning the Court for Emancipation
No. I won't bother going into multiple paragraphs why. If you are not savvy enough to use the search feature, to find all the other minors unhappy with their parents, you aren't responsible enough to be emancipated anyway.
-
12-28-2011, 09:58 PMDogmatiqueRe: Petitioning the Court for EmancipationQuote:
Quoting michaeladawn
How much money? And will you be keeping good grades?
Quote:
I have a friend who will be 18 next year. I was wondering if she had a job and was paying half of the bills for an apartment, if I could pay the other half and that be considered being able to care for myself?
No - because you're not.
Yes. But the question is honestly moot; you would not qualify for emancipation.Quote:
I was also wondering if after being emancipated I could move to a different county?
No, and yes.Quote:
My last question is, is there any way to keep my mother from knowing that I am petitioning the court for emanciation and if she happened to find out, if she could stop it?
Michaela, the courts will look for any reason to deny an emancipation petition. I can see several here right off the top of my head.
Here's the relevant law:
Quote:
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.
-
12-28-2011, 10:00 PMLawResearcherMissyRe: Petitioning the Court for EmancipationRead here.Quote:
Quoting michaeladawn
Your parents will be notified of your petition, and if they object, it's game over unless you can demonstrate very good reasons for emancipation - such as, your name is Justin Bieber and you need the legal ability to enter into contracts so you can continue to work.Quote:
Quoting michaeladawn