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  • Need help emancipation questions Virginia

    Okay so my case is a little different. My mom recently passed away july of this past year. I was living with her and my stepdad, with whom I have never cared for. After my mom passed away, I was informed by my stepdad that he did not want responsibility. My father, who had never been in the picture much, did not want the custody he had gained through the death, so he legally signed over custody to a family friend, and the mother of a friend of mine. I figured things would work out, but am now beginning to see that the family life is just too different, and that I am not happy at all continuing living here. I was wondering what would be needed to apply for emancipation. I am currently recieving social security checks for around a thousand a month, which go to my guardian since I am not yet 18. I am 16 y/o, to be 17 in a few months. I know that you must show residency somewhere other than with your parents/guardians, but I am wondering how I would go about doing this, and if I did would the social security checks begin to go to me to help pay for expenses. Any input would be appreciated, I have not finalized this decision but I am thinking very strongly on the matter.

  • #2
    Originally posted by lnc5169 View Post
    Okay so my case is a little different. My mom recently passed away july of this past year. I was living with her and my stepdad, with whom I have never cared for. After my mom passed away, I was informed by my stepdad that he did not want responsibility. My father, who had never been in the picture much, did not want the custody he had gained through the death, so he legally signed over custody to a family friend, and the mother of a friend of mine. I figured things would work out, but am now beginning to see that the family life is just too different, and that I am not happy at all continuing living here. I was wondering what would be needed to apply for emancipation. I am currently recieving social security checks for around a thousand a month, which go to my guardian since I am not yet 18. I am 16 y/o, to be 17 in a few months. I know that you must show residency somewhere other than with your parents/guardians, but I am wondering how I would go about doing this, and if I did would the social security checks begin to go to me to help pay for expenses. Any input would be appreciated, I have not finalized this decision but I am thinking very strongly on the matter.
    If you become emancipated the SS checks will stop. SS survivors benefits are only paid on behalf of minors.

    You will need to have a good job and be able to prove to the court that you can fully support yourself. That includes paying your own rent (room mates will not be allowed), utilities, transportation costs, food and medical. Once you have a job then you should wait about 6 months and them get a consult with an attorney, which you can do by contacting your state's Bar Association.

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