Getting Emancipated for Early College Enrollment
My question involves juvenile law in the State of Virginia.
I am considering emancipation, and I would like to be better informed of my standing to be successful in achieving it. I will be 17 next month, however emancipation would not be necessary for awhile. My reasons for doing so is college. Particularly, early college in which you finish your senior year and first year of college together. I have a job, a form of transportation, a savings account for emergencies, and I am a junior in high school and have all of my credits. It is possible to do marketing in order to leave school earlier to increase my income in order to better support myself. I have looked into places to rent, checked about healthcare, since these would both become an expense and everything appears to be within budget, even though I would only be renting for a few months until I leave for college. Emancipation was brought to my attention by a physchiatrist that has offered to help me with the process. My mother is manic bipolar and due to her condition and her refusal to sign my papers for college, as she does not want me to leave home, she has become unbearable in terms of living with. I'm concerned that if I pursue emancipation, the consequences if it fails will be rather severe, and my chances to attend this college will be lost for another year and I will continue to have to tolerate my mother's condition. My question is, how likely is it to be emancipated with an unwilling mentally ill mother? Must I reside in the home during the process? How can I go about better improving my chances? Is it near impossible to achieve if the parent is unwilling?
Re: Virginia Emancipation Law
The problem with persons in social services and mental health professions discussing emancipation is that they generally have little to NO idea of what emancipation actually entails.
First, you must already BE living apart from your parents, WITH their permission, before the court will entertain your petition. Courts work on what evidence of HISTORY of self sufficiency you can produce, not on what you PLAN to happen. The court wants to see that you've ALREADY been providing for yourself 100%. If mom isn't going to allow you to leave to establish that independence, then emancipation is dead in the water:
§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.