Legal Question in Family Law in Virginia

Re: emancipation of a minor

I would suggest that you seek counseling from your school or church regarding this matter before going any further. Teen emancipation is rarely ever a good idea and, furthermore, given the speed at which planet Earth turns, you'll be 18 years of age before you know it.

Re: emancipation of a minor

While there are drawbacks to early emancipation, if you are in fact subject to abuse, the filing of a petition for emancipation may be worth considering.

You need to make an appointment with the the intake office of your local juvenile court to file a petition. Once the petition is filed, a lawyer will be appointed to look out for your interests in the case. The local department of social services may also be involved in the case.

Part of the applicable statutes follow:

� 16.1-331. Petition for emancipation.

Any minor who has reached his sixteenth birthday and is residing in this Commonwealth, . . . 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.

� 16.1-332. Orders of court; investigation, report and appointment of counsel.

If deemed appropriate the court may (i) require the local department of social services or any other agency or person to investigate the allegations in the petition and file a report of that investigation with the court, (ii) appoint counsel for the minor's parents or guardian, or (iii) make any other orders regarding the matter which the court deems appropriate. In any case pursuant to this article the court shall appoint counsel for the minor to serve as guardian ad litem.

� 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.

Good luck.