Do I need to be emancipated to move in with a friend and go to a high school in a different county away from my parents?

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I am a 16 year old girl, I want to move in with a 18 year old friend, about 4 1/2 hours away from home. Do I need to be emancipated or take legal action to do this? Even if they give me permission?

Attorney Answer

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Larry Couture ·
You will not likely become emancipated because no court I know of will emancipate someone who cannot establish total self support and an issue at home. You are not self supporting, are a high school student and do not appear to be interested in finding work. As to taking legal action, you have to establish that there are deficiencies with your parents, both of them, before a court would allow you to move into a 3rd party custody situation. In fact, there is a US Supreme Court decision about this called Troxel. In some states, you can seek court intervention through the juvenile court. I do not know about West Virginia but you can talk to a school counselor or the local juvenile court to see if there is something there for you.
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