What age do you have to be to get Emancipated in Virginia? And what kind of assistance do you get when your Emancipated?

Asked almost 3 years ago - Roanoke, VA

I am 15 years old and I live in Roanoke,Va.I'm living with my older brother and my mother.My living situations aren't that good,there a lot of fighting in my house,and I want to find my way out.

Attorney answers (1)

  1. Christine C McCall


    Contributor Level 20

    Answered . Virginia Code § 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.

    In most instances, emancipation will not automatically entitle the petitioner for government assistance or social services because the ability of the petitioner to support him or herself will be an important criteria for the court's consideration of the motion for declaration of emancipation. However, once emancipated, the emancipated person is entitled to the same social services and aid as any other adult in the state.

    Parental consent is not required to bring an emancipation request before the court.

    Traditionally, emancipation is tied to the ability of the petitioner to be self-supporting. In your specific case, at 15 years old, most attorneys will agree that it is unlikely that a court will declare you emancipated. More likely, if your home situation is untenable, the court will refer you to the protection of social services agencies.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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