Emancipation for My Boyfriend

[Catyoukai99]

My question involves emancipation laws for the State of: Virginia

My issue is my boyfriend's moving to Pennsylvania and he doesn't want to go. He's 16 and my mother has offered a room in our home, but his mother probably won't give him the permission to be emancipated.
My question is if he were to live with his father, then could his father approve even if he didn't have custody? Also would that even be allowed? (Like I thought being emancipated meant you'd live on your own if you could support yourself)

Thank you for your help!
~The girlfriend

[aardvarc]

Having a room in someone else's home isn't emancipation unless he's paying for rent, utilities, groceries, AND could continue to pay ALL the expenses of that household if no one else were there. Emancipation requires more than just parental permission, it requires proof to a court that he can TOTALLY support himself, pay his own way, get his own insurance, etc, etc, etc,.

His mom would have to give permission to live with dad (which she could revoke at any time, especially if she discovers that he's NOT really with dad). Dad isn't likely to go through the expense of going to court (which could take the better part of a year) to try to get custody changed to him instead of mom (and the court is going to need a better reason than lovebirds). There could also be serious legal problems, including criminal charges for your mom, for playing "hide the child games" (people really do go to jail for things like interference with custody or contributing to the delinquency of a minor). The real bottom line is: if his mom doesn't give permission, that's the end of that. Courts are also typically NOT in any way inclined to change guardianship or modify custody or any other matter so that teenagers can shack up. It just doesn't happen.

[LawResearcherMissy]

My question is if he were to live with his father, then could his father approve even if he didn't have custody?

No.

Also would that even be allowed?

No.

(Like I thought being emancipated meant you'd live on your own if you could support yourself)

You thought correctly. Emancipation is a matter of need and self support, not want and living with your girlfriend's family.