Not Yet Sixteen But I Want Emancipation
I am in the military. i am 24, my sister is being beaten my my mother the same way she beat me as a kid. my sister is 15 and will be 16 soon enough. is this the only way i can get her out of that house legally. do my parents need to agree to this? does she have to have a job? she lives with my mother and her step-father. i dont want her to go to her real father he is just as bad if not worse and has a past criminal record for drug abuse. i want her to live with me as fast as possible and as painless as possible.
thanks
the worried sister
Virginia Emancipation Law
Under Virginia law,
Quote:
Quoting Virgiina Code § 16.1-331. Petition for emancipation.
Any minor who has reached his sixteenth birthday and is residing in this Commonwealth, or any parent or guardian of such minor, may petition the juvenile and domestic relations district court for the county or city in which either the minor or his parents or guardian resides for a determination that the minor named in the petition be emancipated. The petition shall contain, in addition to the information required by §
16.1-262, the gender of the minor and, if the petitioner is not the minor, the name of the petitioner and the relationship of the petitioner to the minor.
Accordingly, your sister is not presently eligible for emancipation. You may wish to try to obtain help for her through child protective services. If your goal is to wait until your sister's sixteenth birthday and then petition, you should think about how you would go about helping her become financially self-sufficient with an independent residence that a court would likely view as safe and appropriate.