Will Running Away From Home Prevent Emancipation

[Taviee_]

My question involves juvenile law in the State of Virginia: I am 17 years old And i have a 3 month old baby girl. Recently I’ve been staying in Richmond, Virginia with my garden Ashley. Ashley is my uncle’s girlfriend, and she has physical custody of me until my father comes back from Main. I didn’t know she had physical custody of me until a couple of days ago. I had left Richmond to go to Newport News, Virginia to file emancipation, and when I got there the intake officer had told me, Ashley shouldn’t have custody of me because she is not family and the custody is pending, so the courts messed up. My father still has custody of me so he abanded me so I wouldn’t be labeled as a runaway because my father abaned me. So I was staying with my baby’s grandparents in Newport News and they were going to let me rent a room out, until Ashley came with the police and said she had pending custody With the finale court date Dec, 8th 2012. My emancipation court date is Nov 26th 2012 in Newport News, but I am in Richmond now because Ashley made me come back to Richmond. I left my baby in Newport News because there is smoking going on in Ashley house and violence. Then when I came back all my baby’s bottles were gone, my tooth brush was thrown away and my baby crib was took out of my room. Ashley doesn’t even come home at night to let me check on my daughter, turned my phone off and also has my daughters Medicaid care and won’t give me it. They only way she found me was because she got the court papers and she said the law would look at her like she crazy if she didn’t come get me, if it was up to her she would put me out on the streets. Should I go back to Newport News and get a job and go to school there or will that ruin my chances of emancipation and will I be a runaway again? How can I prove to the judge I can take care of me and my daughter in Newport News if I am in Richmond? I don’t want to be emancipated in Richmond because I have no family or help with the baby.

[Disagreeable]

You need to do what your father told you. He made arrangements for your care. You are not going to be emancipated, you do not meet the requirements. You need to go back to school and retake spelling class. I don't think there is any help you reasoning abilities. You have proven you are incapable of making logical, mature decisions in so many ways.

§ 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.

[Dogmatique]

You won't qualify for emancipation in any state.

You're a minor with a child; this tells the world that you need more - not less - adult supervision.

Please read other threads about emancipation.

[Mr. Knowitall]

Ashley is my uncle’s girlfriend, and she has physical custody of me until my father comes back from Main. I didn’t know she had physical custody of me until a couple of days ago.

Are we talking about an order from the custody court, an order from a court making her your guardian, or a power of attorney?

I had left Richmond to go to Newport News, Virginia to file emancipation, and when I got there the intake officer had told me, Ashley shouldn’t have custody of me because she is not family and the custody is pending, so the courts messed up.

What is an "intake officer", and why do you think this person knows diddly about the background to your custodial arrangement?

My father still has custody of me so he abanded me so I wouldn’t be labeled as a runaway because my father abaned me.

You just got through telling us that dad left you with relatives, and that step were and/or are being taken to formalize that arrangement. That's not abandonment.

So I was staying with my baby’s grandparents in Newport News and they were going to let me rent a room out, until Ashley came with the police and said she had pending custody With the finale court date Dec, 8th 2012.

So Ashley is your temporary guardian, and there's an upcoming hearing after which she may become your permanent guardian until you reach adulthood?

I left my baby in Newport News because there is smoking going on in Ashley house and violence.

Do you consider that to be "abandonment" of your baby?

You are talking about the paternal grandparents? Where's the baby's father? Where's your mother?

Then when I came back all my baby’s bottles were gone, my tooth brush was thrown away and my baby crib was took out of my room.

Well, then, it's a good thing you didn't bring the baby back to your uncle's house.

...and also has my daughters Medicaid care and won’t give me it.

Get it replaced.

Should I go back to Newport News and get a job and go to school there or will that ruin my chances of emancipation and will I be a runaway again?

You've not given even the tiniest hint that you would qualify to emancipate. You are a teen mother, appear to be completely unable to support either yourself or your child, you don't appear to be pursing an education, you don't appear to be employed, you're not in the military, you haven't married your child's father....

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.

You seem to be batting zero for three.

[Disagreeable]

BTW, for someone who will be free to run away from home at 18, you are making a big hassle for those caring for you.

[Taviee_]

-Were talking about an order from the court.

-An intake officer is like a P.O, but deals with runaways. And i belived her because she was looking it up on the computer as she was talking to me.

-Yeah he left me with my uncles girlfriend. My uncle cant get custody of me because of his background. I was never asked if i wanted to stay with Ashley, and my dad doesnt even call or send money. The intake officer told me all this. If she would have told me i would have still been a runaway i would have came back to Richmond because i didnt want my baby in this situation

-Yes she is my temp Guardean, and yes we have a finale court date Dec. 4th or 8th and that day my father can take back custody or he cant and i hope the judge let me in the room and speek this time, but my emacipation cout date is Nov 26th.

-No i do not think of that as abandoment of my baby. I am still providing for her as much as i can. She is with her father and his parents. I have never stayed with my mother and she never done anything for me.

-I mean i had a job in newport News, and i talked to the manager and told her my situation and she said she would try to hold the postion for me, and i had a school plain. i was goin to take classes at my old high school. They except emancipated teens. My baby's father and i tryed to get married once before but, no one would sign off on it. I make good grades in school and havent got into anytrouble the past 2 yrs and i am making sure my daghter is tookin care of trying to seek all the help i can to not bring her back into this unstable house hold. Where she is at is more stable and she has everything she needs there. Here, My daughter has nothing. I jst need help to make it right for her, thats my main focus.

[cbg]

Will Running Away From Home Prevent Emancipation

Yes. Next question?