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Roger
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Category: Family Law
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In Virginia, if a teen is 17 and told they could leave home ...

Customer Question

In Virginia, if a teen is 17 and told they could leave home by their parents if they wanted to, could their parents make them come home?
Submitted: 6 years ago.
Category: Family Law
Expert:  Roger replied 6 years ago.

Yes, unless the child is emancipated. Until a child reaches 18, the parent is legally responsible for the child. Therefore, the parents have complete authority to order the child to do anything that is not illegal.

However, if the child becomes emancipated (legal process in which the child requests the court to remove his/her minority and be considered an adult for legal purposes), he can do as he/she pleases.

One caveat is that the child still has to attend school - at least through high school.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26432
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 4 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Adam Kirk's Post: So if parents tell the teen to leave home, but have an hour to get their stuff together and get out, isn't that considered a type of neglect, which is illegal? And if they have a history of kicking the teen out isn't there a way to avoid going back home?
Expert:  Roger replied 6 years ago.
IT could be considered child neglect, but that doesn't give rise to emancipating the child. The only way to aviod going back home is for child services to do an investigation and order the child be taken away from the parents and placed into another's custody, or for the child for file for emancipation.
Customer: replied 6 years ago.
Could someone else be granted guardianship of the child without the parents consent if it went to court? And if the child did file for emancipation, would he have to be able to provide for himself without shared renting?
Expert:  Roger replied 6 years ago.

If it goes to court and the judge rules that a guardian should be awarded the children, the parents have no say in who that person is.

There is a limited emancipation, that fully emancipates the child, except for financial support, which can be ordered to continue from the parents.

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