Legal Question in Family Law in North Carolina

I want to get emancipated in Lenoir, North Carolina. I'm 16 years old. I live with my physical guardian but my mom has legal custody. We have gotten in many fights and some times even physical. It's really bad. She keeps taking my car even though its in my name: Would this be a reason for emancipation.


Asked on 4/15/13, 4:15 pm

1 Answer from Attorneys

No. Here is what you need in your petition:

� 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.

Here are the factors for consideration:

� 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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What you need to show for emancipation mostly is that you should be treated like an adult and that you are capable of supporting yourself.

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Answered on 4/15/13, 5:35 pm


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