Legal Question in Family Law in Virginia

Interesting question. The law does not seem to require that the parent consent to the emancipation. It does seem to say that the parent consents to the child living separate and apart from the parent.

� 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.

As long as the minor is 16, he or she can file the petition in his own name without the parent signing.

� 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.

You would either need to have an attorney represent you, or make an appointment with the intake officer to file the petition. Once the petition is filed, a guardian ad litem will be appointed to represent the interests of the minor.