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  1. #1

    Default Complex Virginia Emancipation Issue

    Ok, i know you get a lot of these darn virginia emancipation issues all the time and i've read all of your ordeals that are going on with all these different people, and they really helped, they really did. But, it wasn't quite enough to satisfy me at all. I've got a real problem and i'm glad there is a place you can go to seek free consul from people who know their stuff. But anyways, let's get to the point, because i'm in a real tight spot.

    The Situation: I currently live in california and a 18 year old male. Right now i currently have a girlfriend who lives in virginia who is 16 and going to turn 17 after she graduates this year in a couple of months. She lives with her mom and her step-dad and two brothers. Her brothers, her mom, and herself arrived here in the U.S. at least two years ago, going on three right now. It's around the time her mom married my girlfriends stepfather (who is actually her uncle). So, her mom married her (mom's cousin)cousin to become a legal citizen in the U.S. and become a permanent resident. As you know, that's not exactly a legal way of going about it, but i kept it a secret to protect my girlfriend from going back to her home country. All the meanwhile, her real dad is supporting her from her home country. Her mom never liked me from the start, and didn't accept our relationship but she let it go and allowed us to talk and see each other. Recently, i said something that her mom overheard that probably shouldn't have been said. So, in response, she completely disconnected all contact i had with my girlfriend and threatened to have her deported if she got in contact with me. Her mom is controlling, never lets my girfriend out of the house at all, swears and cusses at her on a regular, has hit her a couple of times and her stepdad has threatened to hit her once and i've never seen that woman show any kinds of signs of affection towards her at all, not even an "i love you". She's been undergoing a lot of verbal abuse and not any real physical abuse. I'm afraid that all of the things that her mother is telling her is affecting her mentally. She is very afraid of her mom, because her mom's word is law. What i wanted to do, was find a way of getting her out of that house. And then emancipation came to mind. I've talked to my father about this issue and he told me something to the effect that if you graduate high school and your around the age of 18 (like, 16 or 17), the law looks at you in a whole different way, almost as if you were legally an adult. I understood his viewpoint and i hoped it could prove useful in the emancipation process. Assuming the papers are filed and everything gets done and we're on our way to court, i would have to explain to the court (or she would have to explain) that i flew into virginia to take her back home with me where me and my parents will take care of her and let her live under our roofs. My parents agreed to become her legal guardian if that was possible once she gets emancipated. She will get a job or go to school, what ever she has to do while she stays with us. I'll even be supporting her as well once i get a job. What my question is, can i beat her mom if i had her taken to court? Is there anyway possible to get her to live with me rather than that crazy woman? Does my girlfriend have enough to get emancipated.


    Keep in mind, i'm still 18, and she's going to be 17 after she graduates. I live in California, she lives in Virginia. And yes, her mom and stepfather hate my guts, so i doubt they'll consent to anything. And is what my father said true about how the law sees you once you graduate high school, could it help my case? And would their marriage between cousins help me, or hurt me in court? If anyone can provide help or consul, i'd really appreciate it, and i would even call you a saint. This is THE MOST hardest thing i've ever had to do in life so any help would be magnificent.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Any accurate help would be appreciated. Complex Virginia Emancipation issue.

    Virginia's emancipation law provides:
    Quote Quoting Virginia Code § 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.
    What can you tell us, in terms of whether she can meet the statutory requirements?

  3. #3
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Complex Virginia Emancipation Issue

    Her graduating does not change her status, she is still a minor.

    § 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.
    Do you see that happening?

    -------------------

    The marriage between first cousins is not illegal in Virginia.

    § 20-38.1. Certain marriages prohibited.

    (a) The following marriages are prohibited:

    (1) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;

    (2) A marriage between an ancestor and descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption;

    (3) A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood.

    § 20-45.1. Void marriages.

    (a) All marriages which are prohibited by § 20-38.1 or where either or both of the parties are, at the time of the solemnization of the marriage, under the age of eighteen, and have not complied with the provisions of § 20-48 or § 20-49, are void.

    (b) All marriages solemnized when either of the parties lacked capacity to consent to the marriage at the time the marriage was solemnized, because of mental incapacity or infirmity, shall be void from the time they shall be so declared by a decree of divorce or nullity.
    I know you believe it is fraud, but I don't see how that would help you in anyway in this case.

  4. #4

    Default Re: Complex Virginia Emancipation Issue

    @aaron: I'm not sure what it is exactly that your asking of me, but if it has to do with names and addresses and things of that nature, then i've got those. Part 4, and 5 of the form and content of the petition were a bit confusing, could you please explain what information you need from me, so i can answer you to the best of my ability. I'm very sorry for not being very literate when it comes to legal documents.

    @Happy Trails: Oh, i see, so it's legitamite then. All i was trying to do with that was establish character (if i'm using that in the correct context), nothing more. Any dirt on the mom is better than nothing. I really want to get her away from her. And if your asking if i see the parental consent thing happening, well, if you didn't read what i posted, it's not going to happen. Her parents won't consent to her living with me, but she can most definitely be supported and manage her own personal affairs while living under my\my parents roof.

  5. #5
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Complex Virginia Emancipation Issue

    Darkmagician218, you are not stating why the court should emancipate her.

    It also sounds like child protection services should be involved.

    The court isn't going to terminate her parents' rights so she can go live with her boyfriend and his parents.

    Her parents are also going to be aware of the petition to emancipate her, and will get to have their say on the matter as well.

    IMO, you are pushing this matter and the mom probably will send the minor back to go live with dad.

    If you fear for her safety, then it should be reported to the proper authorities. She can also talk with her guidance counselor at school.

  6. #6

    Default Re: Complex Virginia Emancipation Issue

    I see, so i don't have much i can do? Well, thank you so much for this information, even if it's not what i wanted, at least i know. I guess i'll have to make plans to try and resolve this another way. Thank you very much, and if anyone else has anything to contribute, that would be very helpful.

  7. #7

    Default Re: Complex Virginia Emancipation Issue

    I'm sorry for double posting, i know i'm not supposed to do it, but i kept asking around, and i've heard from a friend of mine that what my dad said is true. That if she's around the age of 18, let's say 17, and she already graduated, if she left the house and decided to go independent, cops couldn't really chase her down because she's went through all the steps already (as in go to school and graduating and all that other jazz), so she isn't held to the same standard as before (like curfews and other such non-sense). I know i'm not exactly explaining this to the best to my ability, but forgive me, i'm frustrated and unsure of what can and cannot be done. There has to be something that she can do at the age of 17 to get out of that hell house. And i hate how this legal system restricts our options down to nothing ( i know laws are made for reasons, but at times, it's very depressing to see some situations to get turned down like this. I really feel for all these people who are going through the samething). Am i just supposed to sit here and wait this out? I refuse, as a loving and devoted boyfriend, i NEED to find some way of figuring things out. Someone please, answer me if you know anything that could help. Do i have any other options? Once again, forgive me for the double post, i know it's a no-no and i'm sorry, but the edit button wasn't working before, lord knows why.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Complex Virginia Emancipation Issue

    Whether or not the police will force a minor who is almost at the age of majority to return home, particularly where the minor is living in a safe, appropriate environment, will be a matter of department policy. Some police departments may decline to involve themselves, but others may be more assertive.

  9. #9

    Default Re: Complex Virginia Emancipation Issue

    Thanks, so long as i have some hope in her being able to get out of this, that's all good with me. Even though it really depends upon so many complicated variables, at least there is something that can be tried. I know it's risky, but let's hope for the best. If i do decide to do something, i'll post my results so people can learn from my experiences.

  10. #10
    panther10758 Guest

    Default Re: Complex Virginia Emancipation Issue

    I am not sure telling her run off is the wisest choice either that could backfire and make things worse.

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