Minor children (under the age of 18) are generally subject to the control and decision-making of their parents or legal guardians until they reach the age of majority (generally 18-19). This means that minor children are not able to override the decisions of their parents on life matters such as where the child lives, whether the child can leave the house on Friday night, whether the child can get married, and whether the child can work outside the home. And the law does not consider minor children able to enter into legally enforceable contracts.

But many states allow for a minor child to become emancipated and assume the responsibilities of adulthood under limited circumstances—usually beginning at age 16-17. Minor emancipation laws vary from state to state, and the process is usually initiated by filing a lawsuit “to remove the disabilities of minority.”

In West Virginia, the age of majority is 18, at which point individuals are considered adults for most legal purposes. Until reaching this age, minors are under the control and decision-making authority of their parents or legal guardians. This includes decisions about living arrangements, social activities, marriage, and employment. Minors are also generally unable to enter into legally binding contracts. However, West Virginia does provide a legal process for the emancipation of minors, which allows them to assume adult responsibilities before reaching the age of majority. Emancipation can be granted under certain conditions, such as marriage, active military service, or by court order. To be emancipated by a court order, a minor typically must demonstrate the ability to live independently and manage their own financial affairs. The process usually involves filing a petition with the court, and the court must find that emancipation is in the best interest of the minor. The specific statutes governing these matters are found in the West Virginia Code, particularly in chapters relating to domestic relations and the legal status of children.