Legal Question in Family Law in Virginia

Child divorce parent

I would like to know if my younger sisters can file a petition to divorce thier dad in the state of va.


Asked on 12/14/04, 7:48 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child divorce parent

A child may not "divorce" his or her parent in the Commonwealth of Virginia(or anywhere else that I'm aware of.) The child may pursue the remedy of emancipation but on the whole this is usually a very bad idea and one to be greatly cautioned against.

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Answered on 12/16/04, 11:09 am
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Child divorce parent

Can a child divorce his parent?

Yes, but it's not called divorce, it's called EMANCIPATION.

� 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.

The minor would usually have to show an independent means of support and a responsible adult who would be a mentor.

You would need to consult a lawyer.

Good luck.

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Answered on 12/14/04, 1:16 pm


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