If I’m 17 and want to be emancipated without parental consent, how do I do it?

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If I’m 17 and want to be emancipated without parental consent, how do I do it?

Asked on July 19, 2011 Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In Virginia, a Petition for Emancipation is filed pursuant to Virginia section 16.1-331, which states the following: 

A minor aged 16 or older who is a resident of Virginia, or the parents or legal guardian of the minor, can petition the Juvenile and Domestic Relations Court for juvenile emancipation.
The petitioner must file the petition in the court in the district in which the minor or his legal guardian resides.  The petition should include the name of the minor, the juvenile's gender, and if a parent or legal guardian files the petition, the relationship of that person to the minor.
The petition should comply with Virginia Code § 16.1-262: form and content of petition.
Generally you need a "plan" so to speak that deals with how you are going to support yourself, where you are going to live, pay for health care, etc., in order for a Judge to order emancipation.   
Good luck.


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