Chances of My Emancipation Being Granted

[hannahgraybeal]

My question involves juvenile law in the State of: Virginia.
I am 16 years old (17 in April) and I would like to be emancipated. I have taken care of myself for the past 3 years of my life whilst being tossed from parent to parent to foster home and so forth. About a month ago I moved in with my oldest brother but he wants me to leave now (for no reason other than missing a day of school) and I have nowhere to go. At this point I just want to get my own house and become independent, but neither of my parents want me to do that, they would perfer me to be homeless about every three months and moving from school to school on a regular basis. I could have got my liscence in June but my parents won't let me b/c they think I will try to make a run for it. I need to know what to do and if I filed for emancipation it would be immediately denied?

[aardvarc]

It'll be immediately denied unless you can prove to the court that you've got a job AND a history of paying full market rate for rent, utilities, food, transportation, health insurances, and ALL the necessities of life. Living off of others does NOT make you "independent".

And, unless you were hospitalized, just missing that day of school is going to tell the court that you have better things to do than what you SHOULD be doing.

Emancipation is VERY difficult to obtain, on purpose, and it's only conferred on those with VERY specific circumstances and ZERO issues.

[hannahgraybeal]

I missed that day of school for court, but my brother refused to take me and went without me.. I have completely supported myself before but I am not currently. I have no way to get to/from a job- what would be some good steps to begin taking care of myself?

[adjusterjack]

I have completely supported myself before but I am not currently. I have no way to get to/from a job

Big, big problem.

There's no way you are going to get emancipation without having a job. Period.

If your parents aren't providing a home for you call child protective services and see if they can find a place for you.

If your parents are providing you with a home (even though you have reason not to like it) then go stay there and suck it up.

[Mr. Knowitall]

Per statute,

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're not married, so (i) is out. You're not in the military, so (ii) is out. You don't live independently and have no means of supporting yourself, so (iii) is out. There's no (iv).

If you're still under the jurisdiction of a juvenile court due to an abuse or neglect case, talk to your case worker about whether there are options that might allow you to establish an independent residence.