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Can I become emancipated?

Discussion in 'Emancipation Law' started by Makalia8200, Sep 7, 2017.

  1. Makalia8200

    Makalia8200 Law Topic Starter New Member

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    Jurisdiction:
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    Hello everyone. Recently I’ve been put in a bind with my mother where we’re techinically homeless but my cousins letting us stay with her. I’m 17 years old with a job that I’ve had for over a year. Financially I’ve been supporting myself already. My grandparents take me to work and I pay them gas every week, I buy my own school stuff, paying off my tv and more. I want to get an apartment by myself and get emancipated because she’s not fit to take care of me or my siblings anymore. I’m a very mature teen if I can say so myself. I budget my money well, I’m graduating early and off to college soon. That’s why I wanted to also emancipate myself so when I go to college I can get an apartment there also.
    Thanks for reading.
     
  2. ElleMD

    ElleMD Well-Known Member

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    Is Mom in agreement with you being emancipated? Can you provide your own living accommodations on your own if only you had the legal ability to sign a lease? How long until you are 18?
     
  3. army judge

    army judge Super Moderator

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    § 7B-3500. Who may petition.
    Any juvenile who is 16 years of age or older and who has resided in the same county in North Carolina or on federal territory within the boundaries of North Carolina for six months next preceding the filing of the petition may petition the court in that county for a judicial decree of emancipation.

    The petition form:

    http://www.nccourts.org/forms/Documents/545.pdf

    § 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. (1979, c. 815, s. 1; 1998-202, s. 6.)

    § 7B-3502. Summons.
    A copy of the filed petition along with a summons shall be served upon the petitioner's parent, guardian, or custodian who shall be named as respondents. The summons shall include the time and place of the hearing and shall notify the respondents to file written answer within 30 days after service of the summons and petition. In the event that personal service cannot be obtained, service shall be in accordance with G.S. 1A-1, Rule 4(j). (1979, c. 815, s. 1; 1998-202, s. 6.)

    § 7B-3503. Hearing.
    The court, sitting without a jury, shall permit all parties to present evidence and to cross-examine witnesses. The petitioner has the burden of showing by a preponderance of the evidence that emancipation is in the petitioner's best interests. Upon finding that reasonable cause exists, the court may order the juvenile to be examined by a psychiatrist, a licensed clinical psychologist, a physician, or any other expert to evaluate the juvenile's mental or physical condition. The court may continue the hearing and order investigation by a juvenile court counselor or by the county department of social services to substantiate allegations of the petitioner or respondents.
    No husband-wife or physician-patient privilege shall be grounds for excluding any evidence in the hearing. (1979, c. 815, s. 1; 1998-202, s. 6; 2001-490, s. 2.34.)

    § 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. (1979, c. 815, s. 1; 1998-202, s. 6.)



    Chapter 7B - Article 35
     
  4. zddoodah

    zddoodah Well-Known Member

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    So...you're not homeless.

    Does "more" include rent and meals?

    "ElleMD's" questions are very pertinent. Also, your post is oddly silent regarding your father.
     

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