Is It Possible for Me to Be Emancipated when I Turn 16

[kate1013]

Hi! I am currently 14 years old and I'm hoping to be emancipated when I turn 16. I live in Virginia. I'm getting a job as soon as possible and have been saving up money for awhile. My parents are verbally abusive and my house is mess. (Not dirty or unsafe, just crazy cluttery) and that's really effected me because I never have friends over. My dad calls me stupid, lazy, whore, ect. all the time. People are always fighting and my parents are constantly screaming at eachother. I am a good kid and have never gotten in any sort of legal trouble. Sometimes at school I go in the bathroom and cry because of something that happened at home, so it distracts from schooling occasionally. My home life has put me into depression and I have pretty bad anxiety (I take medicine for both but I still have symptoms) My life at home has lead to many years of self harm and I am seeing a psychiatrist (he agrees that my home life is unstable). I really want to move out. I am pretty mature for my age. The only problem is my parents don't want me to be emancipated. If I could financially support myself and presented these issues would it be enough to emancipate me when I try 16, even though my mom won't want me to? Thank you!

[cdwjava]

If your parents are against this, and the state has not made you a ward of the court and severed their parental rights, emancipation ain't gonna happen.

§ 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.

You are not going to be legally married, will not be active with the armed forces, and will not be living apart from your parents with their acquiescence at that time.

If you are suffering from neglect or abuse, you can contact youth services or the police and they can investigate. That might mean a foster home IF the state feels that you are suffering legal neglect.

[Disagreeable]

I suggest instead of complaining about it, you clean the house. Problem solved.

[kate1013]

I was going to be living apart from my parents.

[Dogmatique]

Without their permission?

You have a history of self-harm.

You have no history of being fully self supportive.

[cdwjava]

I was going to be living apart from my parents.

Note the part that says that you must be living apart " with the consent or acquiescence of the parents" ... if your parents do NOT agree to you living apart from them, then this element is NOT met.

Sorry, emancipation is not yet an option for you. Nor should it be.

[aardvarc]

Sometimes at school I go in the bathroom and cry because of something that happened at home, so it distracts from schooling occasionally. My home life has put me into depression and I have pretty bad anxiety (I take medicine for both but I still have symptoms) My life at home has lead to many years of self harm and I am seeing a psychiatrist (he agrees that my home life is unstable).

The problem the court will have is that with a history of coping skills that includes extensive anxiety and self harm, the court has no way to presume that you'll do any better with dealing with the stress of adult life from people like bosses and landlords any better than dealing with whatever is going on at home. What the court wants to see is minors who have managed to flourish DESPITE whatever is going on at home, and the self harm and distracted schooling alone are factors enough for the court to deny emancipation. Judges don't just grant emancipation in the HOPE that things get better, they grant it because the minor has shown above average maturity and coping skills, but needs legal abilities to do things like sign leases, manage their own bank accounts, etc.