West Virginia Petition for Termination of Guardianship due to Emancipation of Minor

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US-02602BG
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Description

Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand.


Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. For example, a parent might consent to allowing a child to establish a separate household. In other cases, a parent may force the minor to leave and support him/herself. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts. State laws on emancipation vary, so local laws should be consulted for specific requirements in your area.


Sometimes the emancipation of a child ends the obligation of a divorced parent to pay child support. When a child reaches the age of emancipation, the duty of a parent for child support often ends. However, the age of emancipation varies by state. Also, a parent may be obligated to support a child for a longer period, such as through college, under a divorce decree. Emancipation will not relieve a parent from obligations to pay past due child support amounts.


Requirements for emancipation vary by state.

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FAQ

A legal guardianship is a judicially created and legally binding relationship between a child and caretaker which is intended to be permanent and self- sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: Protection, education, care and control of the ...

Emancipation (WV Code 49-7-27) 1. Over 16, the person may petition for emancipation. 2. Over 16 and married, the person is automatically emancipated.

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

Curator or Temporary Guardian. The duration of such appointment may not exceed six months. The court may extend the temporary appointment upon further order finding continued need in the best interests of the minor.

A petition is filed by the guardian, the minor, or another interested person stating that the minor is no longer in need of the assistance or protection of a guardian, or the court upon its own motion finds the same, and an order is entered terminating the guardianship.

No. Guardianship does not end a parent's rights to their child forever. Instead, allows someone else to make decisions regarding the child's care and well-being during the guardianship.

2.0 Intake. Legal guardianship is the permanent transfer of legal responsibility for a child in state custody to a kin/relative or an individual other than his or her parents.

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West Virginia Petition for Termination of Guardianship due to Emancipation of Minor