Daughter Requesting Emancipation

My question involves emancipation laws for the State of: West Virginia

My daughter is currently 15 and will turn 16 in January. She is currently a full time college student. Her mother and I have separated and she now lives with me.

The problem is this: She is wanting to emancipate herself from me come the spring semester. I was upset to see posted on her myspace a picture of her and boy, who is eighteen, locked face to face. I have instructed the boy to leave her alone because she is underage but he refuses to comply to my wishes.

She believes I am unfair and unjust and because of this she has made it known to me that she is planning to emancipate herself from me so she can find her her own place to live.

Can someone please help me in this situation?

I can I do anything to this boy who will not comply to my request of leaving her alone.

Thanks

Pursuant to West Virginia law,

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Quoting West Virginia Code §49-7-27. Emancipation.

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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.

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Can she meet that standard?

I would also ask an attorney as to options around a protective or restraining order.

You would, however, have to prove to a court of law that this boy is a danger to your daughter.

I will also tell you that if a 15 year old girl tells a court that she wants to be emancipated so she can date 18 year old men, she will get laughed out of court.

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Quoting loufrank63

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My question involves emancipation laws for the State of: West Virginia

My daughter is currently 15 and will turn 16 in January. She is currently a full time college student. Her mother and I have separated and she now lives with me.

The problem is this: She is wanting to emancipate herself from me come the spring semester. I was upset to see posted on her myspace a picture of her and boy, who is eighteen, locked face to face. I have instructed the boy to leave her alone because she is underage but he refuses to comply to my wishes.

She believes I am unfair and unjust and because of this she has made it known to me that she is planning to emancipate herself from me so she can find her her own place to live.

Can someone please help me in this situation?

I can I do anything to this boy who will not comply to my request of leaving her alone.

Thanks

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You have an extremely unusual situation with a 15 year old college student. On one hand, she's still a minor, on the other hand, she is in an adult school.
You really should consult with a local attorney because the situation is so unique.

What school she is in has nothing to do with it. She's still not going to be emancipated on the basis that her mean, mean parents won't let her date older men.