Legal Question in Family Law in Virginia
Hello I am a 17 year old high school senior seeking emancipation. I live in the state of Virginia so I am not entirely sure how being granted emancipation status is although I have the general idea. I have steady income and am physically able to provide for myself financially. If I am emancipated I would then be able to sign a lease for an apartment and I would have the money to pay for it. For many teenagers this just isn't the case, but for me I am financially stable to pay for an apartment as well as all other basic needs. Life with my parents has been hell for the past year. There is constant fighting and yelling back and forth. Mind you I am an honors student with a 4.1 Grade Point Average. Is there anyway that I would be able to be emancipated without my parents consenting to it. I am so stressed out with the constant bickering and fighting that goes on in the household. My family is so dysfunctional to the point where I am actually depressed and my schoolwork is beginning to suffer. If I am fully capable of living on my own will the courts allow it, or is that only severe cases of bi-polar or drug addict parents. Do I have a valid reasoning in your opinion. Thank you for your time and reading this. Much appreciated.
1 Answer from Attorneys
Emancipation is difficult in Virginia. The statute permits the juvenile court to enter an order of emancipation in three cases:
Va. 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 your parents do not object to you living separately from them, you might, depending on your economic circumstances, be able to be emancipated. There is a potential Catch-22 in that you can't sign unless until you are emancipated.
You can file the petition yourself through the intake office at your juvenile court, and the court is then required to appoint a guardian ad litem for you, who will be an attorney who can advise you in the matter.
I hope this helps. Good luck.
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