Can I Petition for Emancipation when I Turn 16

My question involves juvenile law in the State of: Virginia
Would it be possible for me to become emancipated when I turn 16 so I can move down to Louisiana to live with my brother?

Yes, you can try ... but very few such petitions succeed.

http://leg1.state.va.us/cgi-bin/legp...0+cod+16.1-331

A court is not simply going to revoke your parents' custodial rights because you want to go live with your brother. Emancipation is generally reserved for those situations where the minor would be better off on his own and has already demonstrated the ability to care for himself, make mature and responsible decisions, and continue his education. It is NOT a mechanism to either get away from annoying or controlling parents.

If you are being neglected or abused, child services or law enforcement will get involved. If you simply want to go kick it with your brother because he's cool and your parents are fuddy-duddies, then this is not going to work.

Why do YOU think you NEED to be emancipated?

Not another teenager that is not smart enough to do simple research. Sigh.

You haven't shared any relevant facts, but your petition probably would not succeed. Definitely not if your only hallmark of adulthood is "I want to live with my brother." Read the stickied threads.

It's not my parents at all, and it's not that I just want to chill with my brother. I've been having problems with people here and it actually got to the point that I went away for 2 weeks because of a certain person. My parents don't see how much its driving me insane and refuse to even try to. I personally think that it's in my best interest to live with my brother.

Which, from a legal standpoint means absolutely nothing. If that was what was required for emancipation, 90% of teenagers would be filing for it.

Is your brother in a position to get legal guardianship of you? Would your parents allow it?

Emancipation would not be what you would get, ok?

I was once in a bad situation, and relatives took me in and filed for legal guardianship. I had damned good reasons for it. My grandparents petitioned the court for LEGAL GUARDIANSHIP of me. My parents (divorced) both signed off on it.

Have your brother ask about that. "Chilling with your brother" is not a valid excuse. In my case - there was a lot of illegal activities going on in the house.

Quote:

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Quoting asman

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It's not my parents at all, and it's not that I just want to chill with my brother. I've been having problems with people here and it actually got to the point that I went away for 2 weeks because of a certain person. My parents don't see how much its driving me insane and refuse to even try to. I personally think that it's in my best interest to live with my brother.

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None of which is even slightly relevant to emancipation.

Read the stickied threads and tell us why you believe you qualify for emancipation under the law quoted by cdwjava.

Emancipation wouldn't accomplish anything for you anyway - in LA emancipation ONLY covers allowing you to enter into contracts - it would NOT have the effect of removing parental authority. So even WITH emancipation, your parents could STILL say "no" to moving in with bro. On the flip side, all they have to do is say "yes".

That is 100% up to your parents. I live in Ohio and I'm 17 from a very dysfunctional family in early september I was told to leave the house and never come back, and ended up moving in with a couple friends. I was able to withdraw from high school in early senior year, but i will still be recieving a diploma this June because I had enough credits at the time in order to do so. I know that in Ohio you are legally allowed to live on your own and even enter into a contract pertaining renting a place, and it's like that in other states too (i have to idea how many or if the laws are EXACTLY the same). I'd reccomend before you try moving from state to state, you should get out of high school DO NOT DROP OUT THOUGH; that will just make you look bad.

The question is about Virginia, not Ohio.

A parent can give a teen permission to live independently, in any state. In some states, once that happens it can lay a foundation for emancipation; in Ohio, the parent can revoke the permission at any time until the minor reaches the age of 18.

Additionally, just because you are living independently does NOT mean you are emancipated. In Ohio, the state will only emancipate a minor if they are legally married or are a member of the active armed forces - for both of which you need parental permission. And, if the marriage or the term of service in the armed forces comes to an end before the minor is 18, the emancipation is automatically revoked and custody reverts to the parents.

So, Danny, while you may be legally living on your own, you are not emancipated under the law. And if your parents were to tell you to move back in, guess what? The law would require you to move back in.

You might want to know what the laws of your own state are before you try giving advice to equally misguided teens in other states.

Hi, You Seem To Know A Whole Lot More About Living On Your Own In Ohio. That's What Im Curious About. A Few Months Ago, My Mother Died And I Had To Move To Texas To Live With My Older Brother. Im Not Happy Here And Desperately Want To Move Back To Ohio. All That My Older Brother Has Is A District Power Of Attorney To Sign School Paperwork For Me. My Father Has Full Custody Of Me But Has Never Taken Care Of Me, Explaining Why I Am With My Brother. Do You Know What My Chances Of Emancipation Would Be At All For This Situation?

Zero (ten character limit)

It appears your father has given your brother temporary guardianship over you. Since you cannot even follow basic instructions and do not even seem to understand your current living situation, I would venture that even if you had hundreds of thousands of dollars, a judge would not find you competent to be on your own shelby.