Can You Get Emancipated Without Meeting the Legal Requirements

[BrittanyAnne]

My question involves juvenile law in the State of: West Virginia
I am a fifteen year old girl, due to turn 16 in March. I am incessantly abused, mentally and physically by my mother, who will not allow me to get a job, or even allow me to get my driver's license. Although I'm more than able and willing to be on my own, I am at a loss whether the law will allow me to be emancipated on the grounds that I will not be able to initially meet all standard requirements. Is the emancipation process situational, or is it stone set? My mother has full custody of me, and my father is a constantly relapsing alcoholic. They have a very violent relationship. I've learned to cook for myself, and tend to my everyday needs without there help. The only time we socialize is mostly when my Mother is yelling at me or my father, which usually leads to my father drinking. They used to buy me expensive things to make up for the things they do but, lately it has stopped since my Father lost his job and had to get another one. My mother has been diagnosed with depression and nerve problems, which she blames me for. I have 2 sisters and a brother, she claims they are all better than me and I am her worst child. Since I'm not allowed to get a job, the only support I have is from my boyfriend. He buys my needs, such as razors, shampoo, conditioner, etc. When I have money my sister will get extremely mad because she needs cigarettes, my mother then claims I don't care about my family if I don't give her money for cigarettes. My mother tells me disgusting things about me and insults me when she gets angry. My home is very unsanitary, and we have a LOT of animals that are not trained to use the bathroom outside. She can't afford to feed me either, many days I eat peanut butter and cheddar crackers and that's all for the entire day. She rarely will cook a dinner.(When we have the food) She gets food stamps every month. When she has a out burst and starts yelling at me she will often beat herself in the chest. She says she hopes she gives herself a heart attack so she can get away from me. I'm actually scared to even talk to her about anything in my life. What can I do?

[Dogmatique]

If you are being abused, you need to call social services and/or talk to your school guidance counselor.

You will not be emancipated.

[adjusterjack]

I am incessantly abused, mentally and physically by my mother,
What can I do?

You call this place and report the abuse.

http://www.wvdhhr.org/bcf/children_adult/cps/

[Disagreeable]

I suggest you spend some of the time you waste sitting around cleaning the house. You cannot afford a car and insurance, nor can you get one titled in your name. You need to finish school not go shack up with your boyfriend.

[cbg]

Is the emancipation process situational, or is it stone set?

It's both.

First, you MUST meet the requirements. If you do not have a means to pay 100% of your own support without help, you are automatically disqualified.

If you CAN meet the requirements, THEN the judge will decide whether you have a valid need to be emancipated.

FYI, emancipation is not and never was intended to be a means for a minor to leave a bad situation. It was and is intended to be a means to provide legal support to those minors who, for reasons outside their control, are ALREADY living on their own.

Abuse may or may not be a reason for CPS to remove you from the home. It is not a reason for emancipation.