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  1. #1
    Join Date
    Jan 2008

    Default Emancipation Advice

    Hi, I am pretty girl, and I live in the state of Virginia. I have recently filed a petition for emancipation and was staying with my father. My mom is my custodial parent, but my father has joint custody with her. I was wondering how would I be able to stay with my father, while I am waiting for the precedings of my emancipation petition to go through? If my mom calls the police and come to my father's house, do I have to go with her? I don't feel safe at her home anymore and I just want to stay with my father. If I don't stay with my father, where can I stay without my mother being able to call the police and get them to make me go home with her?

  2. #2
    panther10758 Guest

    Default Re: Emancipation Advice

    I can tell you right now if your petition is about living with a differnt parent its going to be denied because emancipation is about self support not change of custody! Next if there is a court order that you live with one parent then yes you can be forced back and the parent keeping you against court order can be held in contempt

  3. #3
    Join Date
    Mar 2005

    Default Re: Emancipation Advice

    As is indicated in many other threads, there are three ways to get emancipated in Virginia:
    Quote Quoting Virginia Code 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.
    If emancipation is not predicated on marriage or military service, the minor must be living apart from her parents with their consent or acquiescence when the minor brings the petition, and must be financially self-sufficient.
    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.

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