West Virginia Emancipation
My question involves juvenile law in the State of: West Virginia.
I live with my grandparents and have since I was 3. I am 17 now and we are having issues living together. They always want to argue with me. Call me all the names in the book and I've even had punches thrown on occasion. I've only been hit 2 times though. I'm tired of being out down and being told I'm worthless. I've lived with older people all my life and it's hard. I have a job and I'm working on a place to live with 2 other people. We are planning to split rent and electric and everything like that. My therapist is prepared to make a statement if need be. What are my chances of emancipation happening?
Re: West Virginia Emancipation
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What are my chances of emancipation happening?
Zero.
You must already be 100% self-supporting, and maintaining better than average grades in school.
That means that if you're not already covering full market rate rent (not just a share with roommates), food, utilities, health insurance, transportation, and incidentals, you're not even going to make it in to see the judge.
Re: West Virginia Emancipation
I have a 4.0 in school and always have. & I have friends that just went through court and we're granted all rights and they share an apartment. I have a medical card that I will have until I'm out of college that I received in court. I pay my own insurance on my vehicle.. it's just not in my name. I've been pretty much taking care of myself since I was little. It's the only choice I had and have now. I won't make it through school unless I'm out of the house I'm in.
Re: West Virginia Emancipation
Your friends were all emancipated?
Perhaps you should speak with them.
Perhaps you can see what is required.
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§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
Perhaps your friends can tell you exactly how they convinced a court.
Re: West Virginia Emancipation
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I have a 4.0 in school and always have.
That's nice, dear. How much money do you make at your full time job? How much full market rate rent do you pay? How much do you spend on groceries? Utilities? The internet connection you're using to bitch about what a poor, abused little flower you are?
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& I have friends that just went through court and we're granted all rights and they share an apartment.
Sweetheart, we didn't just fall off the turnip truck. How much money do THEY make at their full time jobs, and what was it that made the court decide that emancipation was in their best interests? Their parents didn't raise any objections? Really? What happened to
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I'm working on a place to live with 2 other people.
Take your time. We understand that spinning a good quality yarn takes a minute.
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I have a medical card that I will have until I'm out of college that I received in court.
Who pays for that? If it isn't YOU, it needs to be.
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I pay my own insurance on my vehicle.. it's just not in my name.
If it's not in your name, the court isn't going to consider you as being the one responsible for paying it. It needs to be in YOUR name.
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I've been pretty much taking care of myself since I was little. It's the only choice I had and have now. I won't make it through school unless I'm out of the house I'm in.
Oh, honey, no. The Drama Llama clearly followed you home. BooHoo, your grandparents are meanie-poopie-heads. They say mean things to you and hurt your poor fee-fees! How EVER will you make it?
My parents tried to KILL me. That STILL wouldn't have gotten me emancipated. It got me placement with legal guardians.
Being emancipated means you pay for EVERYTHING, 100%, with no help from ANYONE. No public assistance, no cut-rate rent, no medical or auto insurance paid for or acquired by anyone but you. The law does recognize special snowflake-itis.
Re: West Virginia Emancipation
And that's not even touching on the fact that the parent/guardian must be served and can - will, if they have any sense - fight it.
I'm too tired for snark, so I'll just be blunt.
Shelby? Here's the dealio.
Even in the less restrictive States, the court is going to go out of its way to deny your position. You are not capable of fully supporting yourself. What happens if your room-mates up and leave to go circumnavigating Mount Kailash?
Moving on - next we have the bills. I selected the cheapest-of-the-cheap, so let's do that now.
Rent: 400, small apartment or studio
Utilities: 100 + 50 for Internet
Ooof! We're at $500 and we haven't added anything else yet!
Food: Bare minimum? $175
Clothing: Goodwill - $40 Store - stab in the dark, so let's go with $75
Transportation: Car, gas, insurance - $100 (you wouldn't believe how generous I'm being on that one)
Sundry items: Toilet paper, detergent, sanitary protection - Well, you're 17 so let's assume that you aren't washing your hair 4 only times a month, and I don't see you co-washing. $25/month
Phone: Incredibly cheap Tracfone, $10 . Minutes/airtime. Eh, I'll call that $20 if you're really careful and aren't texting every man and his dog.
Look at those figures. Again, I've basically chosen the barest of bare minimum.
Your monthly bills are at least $920/month.
The End.