(a) A child over the age of sixteen may petition a court to be declared emancipated. The parents or custodians shall be made respondents and, in addition to personal service thereon, there shall be publication as a Class II legal advertisement in compliance with article three, chapter fifty-nine of this code.
(b) Upon a showing that the child can provide for his or her physical and financial well-being and has the ability to make decisions for himself or herself, the court may for good cause shown declare the child emancipated. The child shall thereafter have full capacity to contract in his or her own right and the parents or custodians have no right to the custody and control of the child or duty to provide the child with care and financial support.
(c) A child over the age of sixteen years who marries is emancipated by operation of law. An emancipated child has all of the privileges, rights and duties of an adult, including the right of contract, except that the child remains a child as defined for the purposes of part ten, article two, or part seven, article four of this chapter.
Structure West Virginia Code
§49-4-101. Exercise of Powers and Jurisdiction by Judge in Vacation
§49-4-102. Procedure for Appealing Decisions
§49-4-104. General Provisions Relating to Court Orders Regarding Custody; Rules
§49-4-105. Hearing Required to Determine &Quot;reasonable efforts."
§49-4-106. Limitation on Out-of-Home Placements
§49-4-108. Payment of Services
§49-4-109. Guardianship of Estate of Child Unaffected
§49-4-110. Foster Care; Quarterly Status Review; Transitioning Adults; Annual Permanency Hearings
§49-4-112. Subsidized Adoption and Legal Guardianship; Conditions
§49-4-113. Duration of Custody or Guardianship of Children Committed to Department
§49-4-116. Voluntary Placement; Petition; Requirements; Attorney Appointed; Court Hearing; Orders
§49-4-201. Accepting Possession of Certain Relinquished Children
§49-4-202. Notification of Possession of Relinquished Child; Department Responsibilities
§49-4-203. Filing Petition After Accepting Possession of Relinquished Child
§49-4-204. Immunity From Certain Prosecutions
§49-4-205. Adoption Eligibility
§49-4-206. Designation of Local Fire Department as a Safe-Surrender Site; Posting Requirement
§49-4-401. Purpose; System to Be a Complement to Existing Programs
§49-4-403. Multidisciplinary Treatment Planning Process; Coordination; Access to Information
§49-4-404. Court Review of Service Plan; Hearing; Required Findings; Order; Team Member's Objections
§49-4-407. Team Directors; Records; Case Logs
§49-4-408. Unified Child and Family Case Plans; Treatment Teams; Programs; Agency Requirements
§49-4-409. After-Care Plans; Contents; Written Comments; Contacts; Objections; Courts
§49-4-410. Other Agencies of Government Required to Cooperate
§49-4-411. Law Enforcement; Prosecution; Interference With Performance of Duties
§49-4-412. Exemption From Multidisciplinary Team Review Before Emergency Out-of-Home Placements
§49-4-413. Individualized Case Planning
§49-4-503. Prosecuting Attorney to Represent Petitioner in Juvenile Cases
§49-4-504. Prosecuting Attorney Duty to Establish Multidisciplinary Investigative Teams
§49-4-601a. Preference of Child Placement
§49-4-601b. Substantiation by the Department of Abuse and Neglect
§49-4-605. When Department Efforts to Terminate Parental Rights Are Required
§49-4-606. Modification of Dispositional Orders; Hearings; Treatment Team; Unadopted Children
§49-4-607. Consensual Termination of Parental Rights
§49-4-609. Conviction for Offenses Against Children
§49-4-703. Juvenile Drug Courts; Hearing Officers
§49-4-706. Detention Hearing; Rights of Juvenile; Notification; Counsel; Hearings
§49-4-707. Review of Order Following Detention Hearing
§49-4-709. Right to Jury Trial for Juveniles; Inapplicability
§49-4-710. Waiver and Transfer of Jurisdiction
§49-4-714. Disposition of Juvenile Delinquents; Appeal
§49-4-717. Sexting Educational Diversion Program; Requirements
§49-4-718. Modification of Dispositional Orders; Motions; Hearings
§49-4-719. Juvenile Probation Officers; Appointment; Salary; Facilities; Expenses; Duties; Powers
§49-4-720. Prohibition on Committing Juveniles to Adult Facilities
§49-4-721. Rules Governing Juvenile Facilities; Rights of Juveniles
§49-4-722. Conviction for Offense While in Custody
§49-4-723. Discrimination Prohibited; Penalties; Damages
§49-4-724. Standardized Assessments
§49-4-725. Restorative Justice Programs
§49-4-727. Juvenile Competency Proceedings
§49-4-729. Motion for Determination of Competency, Time Frames, Order for Evaluation
§49-4-730. Juvenile Competency Qualified Forensic Evaluator; Qualifications
§49-4-731. Juvenile Competency Evaluation
§49-4-732. Hearing to Determine Juvenile S Competency to Participate in the Proceedings
§49-4-733. Procedure After Determination of Juvenile S Competency to Participate in the Proceedings
§49-4-734. Disposition Alternatives for Incompetent Juveniles
§49-4-735. Stay of Transfer to Criminal Jurisdiction
§49-4-801. Support of a Child Removed From Home Pursuant to This Chapter; Order Requirements
§49-4-802. General Provisions for Support Orders; Contempt
§49-4-803. Enforcement of Support Orders
§49-4-903. Interference With Disposition of Child Punishable as Contempt of Court