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  1. #1
    Join Date
    Aug 2006
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    2

    Default Emancipation in Virginia and Parent Involvement

    I'm seriously considering emancipation due to extreme differences between me and my parents (of various natures, including religion). However, I'm worried about the legal consequences on my family- I'm moving out to less complicate their lives on my account. If I request emancipation, will there be investigation on ANY level that would go down on records involving my parents? Would they request counseling of any sort? Any sort of investigation, of any kind, could seriously jeopardize my father's job in the government. I'm not considering emancipation due to any sort abuse whatsoever, just purely ideological differences that would eventually drive a permanent wedge between my family and I, and by emancipation I hope to keep that from happening... I can't continue to live at home or we'll end up resenting each other.


    P.S. And yes, I could prove that I am financially capable of independence.

  2. #2
    Join Date
    Jul 2006
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    2,652

    Default Re: Emancipation in Virginia and Parent Involvement

    Quote Quoting kathulhu
    View Post
    I'm seriously considering emancipation due to extreme differences between me and my parents (of various natures, including religion). However, I'm worried about the legal consequences on my family- I'm moving out to less complicate their lives on my account. If I request emancipation, will there be investigation on ANY level that would go down on records involving my parents? Would they request counseling of any sort? Any sort of investigation, of any kind, could seriously jeopardize my father's job in the government. I'm not considering emancipation due to any sort abuse whatsoever, just purely ideological differences that would eventually drive a permanent wedge between my family and I, and by emancipation I hope to keep that from happening... I can't continue to live at home or we'll end up resenting each other.


    P.S. And yes, I could prove that I am financially capable of independence.
    From Virginia statutes:

    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.

  3. #3
    Join Date
    Aug 2006
    Posts
    2

    Default Re: Emancipation in Virginia and Parent Involvement

    Does anyone know the likelihood of any sort of investigation in to my family if I explained that my request for emancipation had nothing to do with abuse??

  4. #4
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Emancipation in Virginia and Parent Involvement

    How old are you to begin with? Do you hold down a full time job. Do you make enough money to live on your own, with no help, like a roomate? Have you been in trouble with the law? If not for abuse, what would your reasons be specifically?

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