Full question:
I am a sixteen-year-old minor residing in Virginia and employed part-time as a library assistant in a private school. I have earnings to support myself and I have been living separated from my parents for the last two years with their consent. My parents are also very well convinced and satisfied about my consistency in life. My girlfriend and I are now thinking of getting married by availing the provision of emancipation. She is 18 years old. Are there any specific statutory requirements that I should be complying with? Can I approach the court directly to get emancipated?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Virginia
Answer:
In Virginia, Title 16.1 of the Code outlines the process for emancipation of minors. According to § 16.1-331, any minor who is at least sixteen years old and resides in Virginia can petition the juvenile and domestic relations district court for emancipation. This petition can be filed by the minor or their parent or guardian.
The petition must include details such as the minor's gender and, if applicable, the name and relationship of the petitioner to the minor. If the petition is based on the minor's intention to marry, it should also include the name, age, date of birth, and residence of the intended spouse, as well as any criminal records or protective orders between the individuals.
The court will consider the petition and may grant emancipation if it finds that the minor is living independently with parental consent and can support themselves financially. If the emancipation is related to marriage, the court will also evaluate whether the marriage is voluntary, whether both parties are mature enough, and if the marriage is in the minor's best interests.
To proceed, you can file the petition in the juvenile and domestic relations district court for your locality. If the court is satisfied with the evidence presented, it may grant your request for emancipation, thereby releasing your parents from legal obligations.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.