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  1. #1
    Join Date
    Feb 2016
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    3

    Smile Can I Be Emancipated

    My question involves juvenile law in the State of: West Virginia
    I have done extensive research on emancipation in my state but I would like input on my case specifically. I recognize that emancipation is usually only granted in extreme cases, but I think mine would stand a fighting chance.

    Growing up my relationship I held with my mom was never the best, and although I know she loves me tensions were almost always high in my household. I got my first job as a waitress at only fourteen with a work permit, and saved money in a bank account. I moved in with my grandparents at fifteen but visited my mom on the weekends because we do try to maintain a relationship. Although I am so grateful for my grandparents the living situation is still not the best for me, and I believe I would do better if I could live on my own. I am sixteen years old now and I payed for my own car as well as the insurance every month. Along with going to school I work the maximum amount of hours allowed for my age (40) and I have found apartments in my area that I can afford to lease. Since I already do not live with my parent and I could support myself without the help of my grandparents, is emancipation obtainable for me?

    I have worked towards independence for some time now. I believe in court I could prove I am mature for my age and that I do not need the supervision of a legal guardian, because I have already been living with very little for years. My concern is that the judge will not take me seriously because my case is not one of abuse, pregnancy, military enrollment, etc.

    My second question is about my biological father, who I have only seen three times in my life. Growing up he abandoned me and it was not until I turned fourteen I decided to meet him. After I met him (an ex-con cardboard box factory worker living with his mother as well as being emotionally abusive to the children he decided to raise after I was born) I decided he was not the positive influence I had hoped for, and we have since stopped talking. If by chance my emancipation was approved, would he be contacted/ have a say in it? Thanks in advance for those who take the time to reply.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Be Emancipated

    While you may not be living with your mother, you are also not living on your own or supporting yourself. Therefore your chances of emancipation are slim at best. The courts do not emancipate minors on the basis of "I can" or "I will" - on the extremely rare occasions that they do emancipate a minor, it's on the basis of "I have already".

  3. #3
    Join Date
    Feb 2016
    Posts
    3

    Default Re: Can I Be Emancipated

    So to get emancipated I would already have to be moved out and living on my own..? In most cases if you have to be 18 to sign a lease this wouldn't be possible for minors so I would need to be emancipated first. If I had a property owner lined up that would be willing to rent to me as soon as I got emancipated, would that help? Or is it really just a lost cause..

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can I Be Emancipated

    Quote Quoting Annika S.
    View Post
    So to get emancipated I would already have to be moved out and living on my own..? In most cases if you have to be 18 to sign a lease this wouldn't be possible for minors so I would need to be emancipated first. If I had a property owner lined up that would be willing to rent to me as soon as I got emancipated, would that help? Or is it really just a lost cause..
    That's really why it's so difficult to get emancipated - and the courts will look for just about any reason to deny the petition.

  5. #5
    Join Date
    Feb 2016
    Posts
    3

    Default Re: Can I Be Emancipated

    Okay let's say I found somewhere with affordable rent that would lease to me and I moved in. If I was living un-aided financially from my parent when I file a petition would that be enough? If she did not approve of the emancipation but I was already living independently, would the court still grant it for me? I want to be sure I have a chance before I even bring it up with her so I am unsure of her opinion.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Be Emancipated

    Rare as emancipation is, it is even rare-er that it is granted over the objections of the parent.

    Not to mention the fact that without her permission, you can't move out.

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