Legal Question in Family Law in North Carolina

hi my name is gabrielle i am 16 years old and want to be emancipated from my parents for serious reasons. How do i go about doing this is there some kind of process i need to go through?

Asked on 9/09/13, 4:54 pm

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Yes, there is a process. You have to file an emancipation petition with the court. In the petition, you have to show that you need to be treated as an adult. Part of the showing you will have to make is that you are capable of supporting yourself. I set forth 2 of the relevant sections but you need to read all of the provisions. You will be better off if you can afford to hire a lawyer.

Here is a link: http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0007B

The emancipation provisions are found in Chapter 75, Article 35, Sections 3500-3509.

NC Gen. Stat. 7B-3501. Petition.

The petition shall be signed and verified by the petitioner and shall contain the following information:

(1) The full name of the petitioner and the petitioner's birth date, and state and county of birth;

(2) A certified copy of the petitioner's birth certificate;

(3) The name and last known address of the parent, guardian, or custodian;

(4) The petitioner's address and length of residence at that address;

(5) The petitioner's reasons for requesting emancipation; and

(6) The petitioner's plan for meeting the petitioner's needs and living expenses which plan may include a statement of employment and wages earned that is verified by the petitioner's employer.

NC Gen. Stat. 7B-3504. Considerations for emancipation.

In determining the best interests of the petitioner and the need for emancipation, the court shall review the following considerations:

(1) The parental need for the earnings of the petitioner;

(2) The petitioner's ability to function as an adult;

(3) The petitioner's need to contract as an adult or to marry;

(4) The employment status of the petitioner and the stability of the petitioner's living arrangements;

(5) The extent of family discord which may threaten reconciliation of the petitioner with the petitioner's family;

(6) The petitioner's rejection of parental supervision or support; and

(7) The quality of parental supervision or support.

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Answered on 9/09/13, 9:48 pm

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