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Can I Get Emancipated at the Age of 15

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  • 08-05-2018, 01:41 PM
    ded15
    Can I Get Emancipated at the Age of 15
    My question involves juvenile law in the State of: West Virginia

    I'm 15 years old and I would like to be emancipated from my parents. My moms boyfriend is emotionally and psychologically abusive towards me, and has been for years. Its gotten to the point where he takes my phone during random times and goes through it, as well as puts a time limit on the wifi to control me. Now the wifi and phone thing isnt the reason why i would like to get emancipated. The reasoning is, he calls me names and threatens me, and my mother doesnt stop it. It has gotten alot worse since I have been with my girlfriend, and sometimes he even says stuff about her.

    A few months ago, I ran away.. I ran away because as soon as i got home from school he started screaming at me. Calling me a fag, saying hes going to cut my hair off, etc. So i ran. It was winter, and very cold, but I walked and was gone for 24 hours. My mother didnt even call the police, my girls grandmother did. I will be getting a job pretty soon, and a permit in a couple months. I do know how to take care of myself. I mean i have been for years, just under my parents roof. I have been offered a place to stay, if emancipation is granted, or even if I get kicked out.

    My moms boyfriend has told me so many times to get out of his house, but then turns around and says if i leave he'll call the cops, or he will have his "buddies" go after me. I am afraid of him. And my mom doesnt protect me from him like she used too. Im watching my two sisters under the age of 2 all the time, all day most of the time when my moms boyfriend decides to leave for hours at a time while my moms at work. I have to wash dishes and clean the house.. and if I dont I will get screamed at and called names. I would really like to get out and support my self on my own terms, and not be worried about getting screamed at if I make a small mistake. What is the chance of being granted emancipation, and will it take long? As well as would I be able to stay with my girlfriends family until then?
  • 08-05-2018, 01:46 PM
    cbg
    Re: Can I Get Emancipated at 15
    Your chance of being emancipation is zero. It won't take any time at all for the judge to say No.
  • 08-05-2018, 01:49 PM
    jumanji
    Re: Can I Get Emancipated at 15
    No, you will not be emancipated. You can live w/your g/f's grandparents if your parents allow it (where is your Dad?). Sorry.
  • 09-04-2018, 08:02 PM
    LawStudent213
    Re: Can I Get Emancipated at 15
    Hi Ded15,

    According to WV law, there are a few elements you must meet in order to receive emancipation. I have outlined them below:
    -You must be between 16 and 18 to get emancipated
    -You must be a WV resident to be emancipated in WV
    -Your parents must have been served a petition (written by either you or a licensed attorney) and notice of a hearing
    -You must prove that you manage your own "financial affairs"
    -You must prove that you manage your own physical well-being
    -You must prove that you can make decisions for yourself

    After all of these things, the Circuit Judge will then review your case to see if there is "good cause" for you to be emancipated. From what you have provided, you're too young in WV to be emancipated at all. If, after you turn 16, you choose to pursue emancipation, you then must be able to prove that you have a steady job with a livable income, you must be able to prove that you have a roof over your head and can pay rent wherever you live, you must be able to prove that you can provide for your insurance (renters, health, vehicle, etc.) and other necessary goods for living while still having a contingency for emergencies, and you must prove that you make good decisions.
    All of these things together amount to the idea that it's virtually impossible for emancipation to happen unless you're very wealthy and are immaculately good at making mature decisions that would convince a judge to emancipate you. Unfortunately, with a history of running away, trying to convince a judge that you make good decisions will be fairly difficult.

    As to your allegations that your mom's boyfriend is emotionally and psychologically abusive, have you spoken with anyone at your school such as a school psychologist or guidance counselor? Most of them are well-versed in helping students through tough situations and can provide you with the help you need, be it a DCF visit, emotional support, or reaching out to other community resources to help you cope with your home situation. I'd strongly encourage reaching out to a trusted adult and just starting a conversation with them about what's going on. They may be able to provide insight that you just can't see yet.

    Good luck.
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