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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.
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