Leaving Home Before Eighteen
Va. Code 16.1-331 — sixteen, living apart with consent, and self-supporting
In Virginia, a minor who has reached the sixteenth birthday and lives in the Commonwealth, or the minor's parent or guardian, may petition the juvenile and domestic relations district court where the minor or the parents or guardian live for a determination that the minor is emancipated.
What the court has to find. After a hearing, the court may declare the minor emancipated if the minor is on active duty with the armed forces of the United States, or willingly lives separate and apart from the parents or guardian with their consent or acquiescence and is, or is capable of, supporting themselves and competently managing their own financial affairs.
What the order does. Among the effects the section lists are these.
- Consent to medical, dental or psychiatric care, binding contracts, a will, and suing and being sued in the minor's own name.
- The minor's own earnings, freedom from parental control, the minor's own residence, and buying and selling real property.
- Enrolling in any school or institution of higher education, and a driver's license, without parental consent.
- The parents are no longer guardians, and are relieved of all obligation to support the minor and of school attendance obligations.
- The minor can no longer be the subject of a petition as abused, neglected, in need of services or supervision, or for a juvenile curfew violation.
Acts stay valid. What is done while the order is in effect, or purported to be, stays valid even if the order is later terminated or found void from the start.
| The assumption | What the law actually does |
|---|---|
| The assumptionOnly the teenager can ask the court | What the law actually doesThe minor, or a parent or guardian, may file the petition |
| The assumptionThe parents still owe support after the order | What the law actually doesThey are relieved of all obligation to support the minor |
Running away, a parent's custody rights and the rules for minors in foster care are not all on this page. Whether a particular minor qualifies is a question for a licensed Virginia attorney.
Sources for this section (3)
- Va. Code 16.1-331 — Petition for emancipation
- Va. Code 16.1-333 — Findings necessary to order that minor is emancipated
- Va. Code 16.1-334 — Effects of order
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.