Greetings:
Yes, she can file a petition with the court for emancipation (§ 16.1-331)....otherwise, age of majority in Virginia is 18, or if she is still in high school, when she turns 19 or graduates, whichever is first.
Please see the sites below on Virginia laws regarding same:
State (regarding Petition for Emancipation)
State (regarding age of majority)
Bright Blessings.
Peace, Love & Happiness,
The Mystic Wave
Thank you for your response.
Can you answer the following questions for me, please, so that I can assist you further:
When will she turn 18?
Does she still attend school?
Does she have relatives nearby?
Is she in contact with her baby's father and/or his parents?
I look forward to hearing from you.
Greetings Warren:
Thank you for responding and providing the requested information.
There are some obstacles and challeges for her. I gather that she cannot get anyone at the school to assist her - for that is what I was hoping for as to suggest that she can contact a counselor...thus, it may help for you or your parents to obtain the Petition form for her, have her complete it, sign it and for you and/or your parents to file same with the court. A court date will then be scheduled.
As I am not encouraging her to go against her parents (step-father), by going forward with the court process, she still has legal rights. If she is scared of the repercussions directed at her by her step father, I would suggest getting your parents involved, if at all possible. You may wish to suggest to them that they contact her step father and talk to him - let him see the support she has in this matter - as well as the love and support she has from you.
If the above is not possible, I would then suggest she contact a shelter for pregnant women - below you will find the link for same - for the State of Virginia:
Lifecall:
Or,
Barrett Transitional Home
Barrett Haven Inc. is a non-profit organization that runs Barrett Transitional Home. Barrett Transitional home is a "24/7" facility designed to break the cycle of homelessness for single and single pregnant women and their infants.
Barrett Haven, Inc.http://groups.hamptonroads.com/BTH/PO Box 275Norfolk, Virginia XXXXX-XXXXPhone XXX-XXX-XXXXFax XXX-XXX-XXXXbarretthaveninc@aol.comhttp://groups.hamptonroads.com/BTH/
Virginia Homeless Service Organizations
The above facility (Barrett Haven) may not be best suited for her, however, they will be able to refer her to the appropriate organization.
I strongly suggest that your parents get involved as well as for you, and approach her mother and/or step father to let them know that you are backing her 100%. Again, if this is not possible, then please contact the shelters or obtain the Petition form and have her complete it, sign it and file it with the court. Fees can be waived.
Please let me know if you need additional information.
Thank you again for responding and providing more information. Thank you for your kind words - It is my hope to assist you.
In all likelihood, the judge would grant the emancipation should she file the Petition. She has more than a couple of positive things going for her now in this respect.
1). Her step father has been physically abusive;
2) Her mother/step father are forcing their religious teachings upon her.
3) Her parents' behavior may be looked upon as a form of imprisonment by not allowing her a certain form of freedom.
She can advise the judge that she is scared of them and for her safety.
As far as age of sexual consent is concerned, to my knowledge and belief, in the State of Virginia, the laws dictate that it is 15/16 - see below for legal reference. Thus, it would appear that you would not get into trouble. I strongly suggest, however, that you contact the Legal Aid office in your State or the local courthouse to confirm this as I am not privy to certain law books governing your State.
The age of sexual consent may be lower at 16 as long as it does not involve force?
STATE AGE OF SEXUAL CONSENT LAWS
Also, please be advised of the following:
The minimum age for marriage in the State of Virginia is sixteen years for both bride and groom; however, if either party is under eighteen, consent to the marriage must be given by the father, mother, or legal guardian.
Legal Age Consent - Teen Marrige License Laws
If you wish to marry, you may be able to obtain consent by your parents...again, you will need to check into this by contacting Legal Aid or the local courthouse.
I do hope that you will be able to help her and it's wonderful that she has you in her life, as well as your parents.
If you need further information, please do not hesitate to let me know.
Please take care.
Parent
Single parent, with profession, raises model son with ease & pleasure. I offer sound advice.
Bright Blessings to you, thank you so very much for accepting my response and for your very kind words, it's deeply appreciated. You are most welcome and please do not give it a second thought concerning additional monies - you have been more than generous. You are a great person as well, and your girlfriend is very blessed to have you and your parents in her life.
Should you need any further help concerning this matter, please do not hesitate to let me know. I am keeping good thoughts for you both, as well as for your family - hoping that all will work out to your satisfaction.
Wishing you all a very Happy New Year!
Dear Warren,
I realize that you have already accepted an answer, but I thought that I would suggest a few other thoughts for free.
In all your postings, you never do mention anything about your girlfriend's biological father. Is he still alive? Does he have any contact with her whatsoever? If he does, perhaps you can turn to him for help in this matter. He is a parent, and therefore, does have some say in his daughter's life (unless he's dead or a deadbeat).
What about your girlfriend's grandparents (preferably on the mother's side, but maybe the stepfather's parents are reasonable)? What about aunts or uncles that your girlfriend is close to or live nearby? Maybe they can intercede on her behalf or perhaps play the part of witnesses when your girlfriend tells her parents that she is pregnant (This fact can't be avoided forever, unfortunately.) and can make sure she isn't abused (maybe even arrange for her to spend the night with him/her so that the parents have a night to think about what has been said and cool down some).
Another long shot would be to talk to her parents spiritual advisor (if they have one). A professional mediator might also be a way to go somewhere down the line if all of you can't come to an agreement about certain issues.
I hope that helps. It's just a different perspective.
Mic Sayre
P.S. Please make sure that when you do get your girlfriend out of her parents' clutches that you do it legally so that you don't set your parents or you up for a lawsuit of some sort or problems down the road.
I'd like to point out to you that just because the girl's biological father works in an abortion clinic, it doesn't necessarily mean that he's going to push that option onto his daughter. Sometimes it's a whole different ball game when it involves your own children--not to mention, I'm sure that they have counselors at that clinic that sometimes counsel girls to give their babies up for adoption instead. [It doesn't really matter which way he reacts though (either acceptance, pushing for abortion, or suggesting adoption) because, ultimately, the final decision rests on the parents-to-be's shoulders--you and your girlfriend.)
I think that instead of dealing with maybes, it would be better to start actually talking to these parents and getting their reactions. From what you posted earlier, I would start with the biological father because his reaction seems to be the more milder one compared to the possible reactions of the stepfather. I would also have the daughter talk to the father about these past abuses her stepfather has done to her. Does he even know about this? If he did, he might want to go to court and push for custody himself. That might be an option as well if the emancipation plans aren't working out for you.
At this point, even being sent to her father's seems like a better option than staying with her mother and stepfather. I know that then you have the added problem of distance being added to your relationship, but, you know, you can always move out to where she is. Nothing is impossible if you keep all of your options open.
Good luck. My prayers are with you.
In my first response I did ask if your girlfriend had any relatives living close by - you indicated that they were out of State. Being that she is basically restricted, I did not see any reason to delve further, especially when the matter can be handled legally. Of course it would be wonderful, but I don't believe that your girlfriend's biological father is going to be instrumental in helping your girlfriend - as I believe all will backfire on her should she consult with him at this time, creating additional problems. However, if by chance your girlfriend is very close to her biological father, that they have a very solid relationship, I would suggest that you have your parents contact him first and explain the situation - but that is something for you to discuss with your girlfriend - see how she feels about same.
As I offered you appropriate legal information in my earlier responses, the court system will fully help resolve this matter. In the State of Virginia, she and other citizens have rights. The names and telephone numbers of shelters that I provided will also be of service to her. Being that she was abused, she has stronger grounds for filing the Petition for emancipation.
As long as you do not go against the law (note that I set forth certain laws in the State of Virginia in my previous responses), there should not be a problem. Again, you can contact Legal Aid to assist you - as well, you can call the local courthouse for further information.
My best to you, your girlfriend and your parents.