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  1. #1
    Join Date
    Jun 2006
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    1

    Default Emancipation Law in Virginia

    Hey, I am 17 years old and live in alexandria,virginia and I had a few questions about emancipationand. Even though i get along with my parents i feel like they dont undrstand me. My parents want to move to tampa bay florida because that is where my dad works. But i dont want to move because i dont want to leave my boyfriend, friends, and life behind. Im a senior now and i dont want to start over in a new school. I also may be pregnant so i dont want to leave the babies father. How can i become emancipated? What are the chances a judge will grant my petition? Does the fact that I may be pregnant help my chances? And if i become emancipated can i live with my boyfriend which lives in maryland. Thank You

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Emancipation in Virginia

    Virginia's emancipation law provides:
    Quote Quoting Virginia 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.
    Pregnancy will often work against emancipation, as it makes it more difficult for a minor to support herself. You can also emancipate through marriage, although that requires parental consent if you are under 18.
    Quote Quoting Virginia Code § 16.1-262. Form and content of petition.
    The petition shall contain the facts below indicated:
    "Commonwealth of Virginia, In re ..." a
    (name of child)
    child under eighteen years of age.

    "In the Juvenile and Domestic Relations District Court of the county (or city)
    of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ."

    1. Statement of name, age, date of birth, if known, and residence of the child.

    2. Statement of names and residence of his parents, guardian, legal custodian or other person standing in loco parentis and spouse, if any.

    3. Statement of names and residence of the nearest known relatives if no parent or guardian can be found.

    4. Statement of the specific facts which allegedly bring the child within the purview of this law. If the petition alleges a delinquent act, it shall make reference to the applicable sections of the Code which designate the act a crime.

    5. Statement as to whether the child is in custody, and if so, the place of detention or shelter care, and the time the child was taken into custody, and the time the child was placed in detention or shelter care.

    If any of the facts herein required to be stated are not known by the petitioner, the petition shall so state. The petition shall be verified, except that petitions filed under § 63.2-1237 may be signed by the petitioner's counsel, and may be upon information.
    In accordance with § 16.1-69.32, the Supreme Court may formulate rules for the form and content of petitions in the juvenile court concerning matters related to the custody, visitation or support of a child and the protection, support or maintenance of an adult where the provisions of this section are not appropriate.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Emancipation in Virginia

    An important addition:
    Quote Quoting Virginia Code § 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.

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