Hampton, VA asked in Juvenile Law for Virginia

Q: i am 17 & 6 mths old, is it legal for me to move out of my parents house without repercussions, if i don't have consent?

my father will not emancipate me and my mother does not have any rights over me, she just has a signed document from my father stating that he gave her temporary custody.

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1 Lawyer Answer
Gary D. Godman
Gary D. Godman
Answered
  • Stafford, VA
  • Licensed in Virginia

A: Unless your mother's rights have been terminated in what is usually a lengthy court process, she almost certainly has some type of rights over your custody and well-being. If you attempt to move out, either of your parents could ask the police to return you home. If you refuse, they could file what is called a "CHINS" (Child in Need of Supervision) petition in court which could restrict your freedom. Whether the process would be fast enough to affect you before you turn 18 probably depends on the locality.

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