Sixteen and Looking For Emancipation

ok im 16 about to turn 17 in April. ive had a job for almost a year now and i make above minimum wage. Around April of last year i was busted for smoking weed, which ive been doing for about 4 years now, quiting is not a problem. Ever since i was busted things at home have been getting worse and worse, my parents invade my privacy and take my property on a regular basis. Due to this my gpa has fallen from about a 2.8 to around a 1 something. last September my dad choked me and punched me in the face, i ran about 2 miles to a friends house and went to my work place where numerous people saw the black eye he left and the finger marks around my neck. On countless occasions they have referred to me as a slave and have said that they had kids to do work around the house and what not, and i am verbally abused on a daily basis with them saying im never going to amount to anything and that im just a pot head. It got to the point where i was working about 35 hours a week because it was my only escape. My parents wont let me do anything and im failing all my classes, and my doctor said i could possibly be depressed. My dad is a worthless piece of trash who cheated on my mom and then gave her a disease about 2 years ago, since then i dont know how but hes made my mom a different person. My mom also smokes weed and when i brought this up she said that shes an adult, like it gives her the right to do what ever she wants (and they tell me to act like an adult). I no i dont meet all the qualifications for emancipation but i think if i get consent to move out i could do it. i already have a friend whose parents said i could stay with them as long as i pay rent and what not. My parents are also attacking my character by telling people im a pot head and that i ran away with out telling them the reason i ran away, its like theyre trying to mooch sympathy by using me. i am desperately looking for a way out, i believe that if i get emancipated i would be doing better in school and my life all together would be better. Lately things have been getting worst and my parents have been fight amongst each other more and more. Please help, what are my chances and what should i do?:wallbang: im willing to try anything
(sorry if this was a bit lengthy)

This is more a case for CPS than emancipation. However here is statute for your reading pleasure




TITLE 16.1. COURTS NOT OF RECORD


CHAPTER 11. JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS


ARTICLE 15. EMANCIPATION OF MINORS




§ 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.


§ 16.1-332. Orders of court; investigation, report and appointment of counsel.


If deemed appropriate the court may (i) require the local department of welfare or social services or any other agency or person to investigate the allegations in the petition and file a report of that investigation with the court, (ii) appoint counsel for the minor's parents or guardian, or (iii) make any other orders regarding the matter which the court deems appropriate. In any case pursuant to this article the court shall appoint counsel for the minor to serve as guardian ad litem.


§ 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.


§ 16.1-334. Effects of order.


An order that a minor is emancipated shall have the following effects:


1. The minor may consent to medical, dental, or psychiatric care, without parental consent, knowledge, or liability;


2. The minor may enter into a binding contract or execute a will;


3. The minor may sue and be sued in his own name;


4. The minor shall be entitled to his own earnings and shall be free of control by his parents or guardian;


5. The minor may establish his own residence;


6. The minor may buy and sell real property;


7. The minor may not thereafter be the subject of a petition under this chapter as abused, neglected, abandoned, in need of services, in need of supervision, or in violation of a juvenile curfew ordinance enacted by a local governing body;


8. The minor may enroll in any school or college, without parental consent;


9. The minor may secure a driver's license under § 46.2-334 or § 46.2-335 without parental consent;


10. The parents of the minor shall no longer be the guardians of the minor;


11. The parents of a minor shall be relieved of any obligations respecting his school attendance under Article 1 (§ 22.1-254 et seq.) of Chapter 14 of Title 22.1;


12. The parents shall be relieved of all obligation to support the minor;


13. The minor shall be emancipated for the purposes of parental liability for his acts;


14. The minor may execute releases in his own name;


15. The minor may not have a guardian ad litem appointed for him pursuant to any statute solely because he is under age eighteen; and


16. The minor may marry without parental, judicial, or other consent.


The acts done when such order is or is purported to be in effect shall be valid notwithstanding any subsequent action terminating such order or a judicial determination that the order was void ab initio.


§ 16.1-334.1. Identification card issued to minor by DMV.


When entering an emancipation order under § 16.1-333, the court shall issue to the emancipated minor a copy of the order. Upon application to the Department of Motor Vehicles and submission of the copy, the Department shall issue to the minor an identification card containing the minor's photograph, a statement that such minor is emancipated, and a listing of all effects of the emancipation order as set forth in § 16.1-334.

What would they do?

No judge is going to emancipate a child with a drug conviction.

It just won't happen.

Quote:

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Quoting Wayne George

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What would they do?

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Investigate and then make a decision

i wasnt busted by the police, my parents caught me. its not on my record.

Still not gonna happen.

Did you read this:

Quote:

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Quoting § 16.1-333. Findings necessary to order that minor is emancipated.

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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.

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Your parents have to either let you move out, or not object when you move out, before you can file. If you achieve that - that is, getting parental permission to move out - you may not need emancipation, as that's probably all you're really after.

And, if you fight, do you think your parents are NOT going to bring up the drugs they found?

But then could i not tell the police where there drugs are? i have another question, could i possibly get my friends parents to petition a court to be my foster parents, if i get CPS to look into an abuse case or something along those lines. I was talking to a co-worker of mine who knows about this stuff because she was going to be a foster parent, she said it wasnt that great of an idea to be emancipated because it would be difficult, and that either way i should look into getting a child advocate lawyer.