Introduced Version
House Bill 2655 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2655
(By Delegate DeLong)
[Introduced
February 24, 2005
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §49-7-27 of the Code of West Virginia,
1931, as amended, relating to the emancipation of minors;
providing emancipation for minors who enlist in the armed
forces and who have completed the attendant course of basic
training.
Be it enacted by the Legislature of West Virginia:
That §49-7-27
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. GENERAL PROVISIONS.
§49-7-27. Emancipation.
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 the provisions of article three, chapter fifty-nine of this code. Upon a showing that such 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 shall have no right to the custody and
control of such child or duty to provide the child with care and
financial support. A child over the age of sixteen years who
marries or who enlists in the armed forces of the United States and
has completed the attendant course of basic training shall be
emancipated by operation of law. An emancipated child shall have
all of the privileges, rights and duties of an adult, including the
right of contract, except that such child shall remain a child as
defined for the purposes of articles five and five-a of this
chapter.
NOTE: The purpose of this bill is to provide emancipation for
minors who enlist in the armed forces and who have completed the
attendant course of basic training.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.