West Virginia Legal Ages Laws
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 24, 2023
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In most states, the age of majority is 18. In West Virginia, the age of majority is also 18. At the age of majority, a person takes on the rights and responsibilities of adulthood. Prior to that age, people are legally recognized as minors. As minors, people face many restrictions related to age concerning what they can and can't do by law.
Continue reading for a breakdown of laws related to age in West Virginia.
Age of Majority in West Virginia
Each state sets ages for what people can and can't do by law. Although these laws can vary, West Virginia is like most states and has an age of majority of 18 years old. If a person is married in West Virginia, however, the age of majority is 16.
When a person is younger than the age of majority, they are known as "minors." As "minors," people still have certain legal rights and responsibilities that are typically associated with adulthood. Examples of these include the ability to enter into some contracts and make certain medical care decisions.
West Virginia Age Laws
The details of West Virginia's legal age laws are listed below.
Age of Majority |
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Eligibility for Emancipation |
Under West Virginia Code, § 49-4-115, a minor is eligible for emancipation under the following circumstances:
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Contracts by Minors |
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Minors' Ability to Sue |
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Minors' Consent to Medical Treatment |
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Emancipation and the Legal Responsibilities of Minors
There is a legal process by which a person under the age of 18 in West Virginia can apply to become an adult in the eyes of the law. This process is known as the “emancipation of a minor" and can allow a minor to become responsible for their own welfare and make decisions regarding education, health care, and residence. A child must be 16 or married to apply for emancipation, and courts generally decide emancipation cases with the minor's best interests in mind. In criminal cases, minors will normally be treated as such until they are emancipated or they turn 18, especially for age and status offenses.
More Resources for West Virginia Legal Ages Laws
As you can see in the chart above, state legal age laws can cover a variety of scenarios. FindLaw's section on Family Law can provide you with additional articles and resources on this topic. You can also consult with a West Virginia family law attorney in your area if you would like legal help regarding a juvenile case or a family law matter.
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