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legal emancipation in Va

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x_no_one_x

Junior Member
What is the name of your state? Virginia

Okay im 16, and i was wondering what the laws are for emancipation from your parents? I looked at them but didnt really understand them. Do your parents have to abuse you? Mine dont, but theyre really mean and i dont wanna go into all that yet, if you need to know then ask and ill tell you more. Also, what happens to you after you emancipate, are you on your own, or do you have to go into a group home?

I really dont know much about this, but i really hate my parents(I Know this sounds bad,but is true) and i really just dont ever want to see them again.
So can i emancipate and move out at 16, or do i have to marry some backwoods dude so i can go live with him so that i have someone legally responsible till im 18???

Thanks, im just starting searching so any input is good.
 


stealth2

Under the Radar Member
In Virginia:

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.

In other words, you must either be married, on active duty in the military, or living apart from your parents and be totally self-sufficient. In order to get married before you're 18:

The minimum age for marriage in the State of Virginia is sixteen years for both bride and groom; however, if either party is under eighteen, consent to the marriage must be given by the father, mother, or legal guardian.

This may be done personally by the parent or legal guardian before the person issuing the license, or by a written consent properly sworn to before a notary public.

Special provisions are made in Virginia law to allow marriage for underage parties when the female is pregnant and for situations in which underage applicants have no parent or legal guardian.

And purposely getting pregnant so you can get married at 16 would be a very stupid idea.
 

5xMomVA

Junior Member
They have told you the basics, but it's much more complicated. I live in VA and have read the emancipation laws. Basically, you would have to be allowed by your parents to leave the home and set up your own living arrangements. If you initially leave without this permission than you are a runaway. If you get into trouble during this time, your parents are responsible, and the cops can and will bring you home. Living on your own does not mean just crashing somewhere. You must be paying rent and totally supporting yourself. The judge will want to see a rental agreement in addition to pay stubs showing you are capable of supporting yourself. I didn't follow the last post, but getting pregnant in VA or giving birth does NOT automatically emancipate you, so it's not worth your while, you would then have to show you are supporting two. I do believe that marriage to a legal adult does emancipate you in VA, but your parents will have to give permission if you are under 18. It's much easier to work things out with you parents in the long run. Good luck!
 

stealth2

Under the Radar Member
5xMomVA said:
I didn't follow the last post, but getting pregnant in VA or giving birth does NOT automatically emancipate you, so it's not worth your while, you would then have to show you are supporting two.

While pregnancy is not an emancipating event in and of itself, it DOES provide an end-run opportunity for under-age marriage. If a teen is pregnant and it is verified in writing by a licensed physician - no parental consent is required. And marriage IS an emancipating event.
 

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