16 Year Old Emancipation

My name is Amber and I am 16 and living in Virginia. My stepmom has decided that she no longer wants me to live with her and my dad, and she wants me to move to Alaska with my mom, who is moving there to be with her husband. There are many logical reasons why I do not want to go - they include the fact that my mother is very selfish and sometimes irrationally angry. I don't know what will happen if she and her husband break up (because her relationships do not last very long.) Most likely, we will be stuck in Alaska with no furniture, her with no job, and me probably in school.

I go to an excellent school and am in the middle of my junior year, and it is very important that I at least finish out the year at the school that I go to. My friend has offered to let me stay at her house until the end of the school year, and I don't want my step mom to force me to go to Alaska.

I don't know where to go from here. I was considering emancipation, since I have talked about it with my mother before. Will it be possible to only get her consent with emancipation, even though my parents have joint custody?

Any response is much appreciated.

Living with your friend is not emancipation

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.

I know that just moving in with a friend is not emancipation by itself - I have to go through the traditional process. I am just worried about whether or not both of my parents need to approve it, since my stepmom has deep control over my dad's decisions, but my mother will see the benefit.

Even with the consent of one parent the other may contest it.

When you take this in front of a judge, you will have to provide a reason as to why you NEED to be emancipated. In other words, why should the court grant you the rights of an adult.

Saying you don't want to move will probably not meet that benchmark. Nor will your predictions of probable future behavior.

Have you talked with your dad and step mom about staying?

I have not talked to them about staying with a friend, nor about emancipation. But I have talked to my mom and she is supportive. My stepmom has said that staying with her and my dad is not an option at all - she wants me out, end of story. And truth be told, I am absolutely ready to remove myself from that house.

But I have not heard a peep out of my dad - I wonder if he even knows what my stepmom is doing. She has a lot of influence over his decisions, and unfortunately, does not stand up to her or support me when I feel like he should. I worry about this when I think about bringing up the emancipation subject with them.

I have talked to my dad now, and it turns out that he does not know about the situation as it is - my stepmom told him that she and I were "discussing it," which is misleading. I have told him that he needs to step up and tell her how he feels, and not just sit back and let her kick me out. It is really his discision as well.

Thank you all for your help - I really appreciate it.