1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Can She Get Emancipated ?

Discussion in 'Emancipation Law' started by AshTheWarrior, Jul 5, 2015.

  1. AshTheWarrior

    AshTheWarrior Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    Okay, so I'm trying to find information on emancipation for my girlfriend. She would do the research herself if she was able, but she's currently on lock down.. At this point I haven't been able to talk to her for days minus the two minutes I saw her at her work place and was able to talk to her in the bathroom.
    Anyhow, I suppose I should start from the beginning to now.
    Her and I were juniors in high school and near the end of the year the weekend before exams, she was KICKED OUTof her house. But aunt, who she lived with, called the police and told them she ran away. For three days she was on the run. This had crossed the line for her. And for three years she was in that house being physically and mentally abused. She was NOT going to return. After so long she got tired of running. She called her uncle and he told her to go to her cousin's house. She stayed there for a couple of days. Both her and I were told not to tell anybody about what all had gone on over the weekend. Well.. come Monday morning we thought my girlfriend was going to Raleigh to live with her mom, which wasn't the best idea either considering her mom was just as bad as her aunt if not worse. Me, her, and a bunch of our friends went to the counselors. They called my girlfriend up first and then me. Right before I was going to be sent back to class my girlfriend came back crying. She had called her mom to find out if she could stay in the county for a couple days just so she can do her exams and not have to redo the entire semester. Her mom fired back with, "So now you don't want to go to Raleigh ? Then you can go to a group home." Her mom hung up. After that she sat down next to me and we ended up telling them EVERYTHING that has been going on in that house for the past three years despite being told we better not. She ended up having to stay at the school after hours to talk to DSS. They refused to let her go home with her mom or her aunt which was a major relief considering what they would have done to her for saying something to somebody about it. She was sent home with her great aunt, her nana's sister. Her nana was the last person her family to have really cared about her but unfortunately she had passed away three years ago as well. After she passed was when she started to be abused. Anyway, she went home with the great aunt and she actually really liked it there. She was good to her and reminded her a lot of her nana. She was there for a couple of months. The other day her great aunt decided she didn't want my girlfriend living there anymore. The papers for her to be going to live in a foster or group home were in processing, and since she wanted her out right then (not for anything in specific. She's a good kid) they didn't have anywhere to send her. So as of right now, she's back in her aunt's house.. She's on lock down. Not allowed to talk to friends and especially not me. They see me as a bad influence though I'm the one that got her to get her grades up, her to stop skipping school, stay out of trouble, and quit drugs. According to A LOT of people I'm the best influence she's ever had. May I mention that I'm a very good kid. Clean of drugs and I have an excellent record.
    At this point I believe they're going to send her to a group home. There are none in our school district, and if the information I've been told is correct then she's not going to be able to come to school where she wants because of it. She's very afraid of going to a new school. She's been bullied a lot in the past and doesn't to go through it again, and I don't want her to either. Also, she has panic attacks. I'm usually the only one that can calm her down. And same for me, she's the only person that can calm me down. She's also wanting to graduate with everyone she's grow up with and at the school she's been going to the past three years.
    This is our fourth and final year. She's seventeen, eighteen in nine months. She has a job, and I believe there are a couple places she could go. People who would let her stay with them, and I'm sure we could find an apartment that she could stay in. I'm also looking for a job and when I do get one I'm going to help her out financially.
    This is really tearing me apart. I'm so worried about her. I'm worried about her now and worried about the future. I feel the best thing for her would be emancipation. She would be happier.
    I think she can do it. I just need other opinions. Also, would they allow her to have help ? Like me for instance. Or her staying in another home ? I know somewhere she can stay. All they ask for is for her to pay rent, give some money for groceries, and her to pay her own phone bill. I need to know what they will and will not allow or look at to judge whether she can be emancipated or not.
     
  2. cbg

    cbg Super Moderator

    Messages:
    8,486
    Likes Received:
    1,611
    Trophy Points:
    113

    At what time did you, or she, call CPS and tell them she was being abused?

    To be emancipated, she needs to prove to the satisfaction of the judge that while still going to school and getting better than average grades, she can pay EVERY SINGLE PENNY of what it costs to support her without any help from anyone. That means market value for rent, utilities, food, clothing, transportation, health care, insurance, school fees and supplies, etc. It's all very well to say that the people who will let her stay there are not going to ask for all that, but in order to be emancipated the judge wants to know that she will still be able to support herself when you get hit by a bus the same week the people she's staying with get transferred to New Zealand and cannot/will not take her with them.

    FYI "I don't want to go to a group home or foster home in a different school district" is NOT a valid reason for emancipation in any state.
     
  3. shrinkmaster

    shrinkmaster Well-Known Member

    Messages:
    3,740
    Likes Received:
    294
    Trophy Points:
    83
    § 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. (1979, c. 815, s. 1; 1998-202, s. 6.)

    § 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.)

    § 7B-3505. Final decree of emancipation.
    After reviewing the considerations for emancipation, the court may enter a decree of emancipation if the court determines:
    (1) That all parties are properly before the court or were duly served and failed to appear and that time for filing an answer has expired;
    (2) That the petitioner has shown a proper and lawful plan for adequately providing for the petitioner's needs and living expenses;
    (3) That the petitioner is knowingly seeking emancipation and fully understands the ramifications of the act; and
    (4) That emancipation is in the best interests of the petitioner.
    The decree shall set out the court's findings.
    If the court determines that the criteria in subdivisions (1) through (4) are not met, the court shall order the proceeding dismissed. (1979, c. 815, s. 1; 1998-202, s. 6.)

    § 7B-3506. Costs of court.
    The court may tax the costs of the proceeding to any party or may, for good cause, order the costs remitted.
    The clerk may collect costs for furnishing to the petitioner a certificate of emancipation which shall recite the name of the petitioner and the fact of the petitioner's emancipation by court decree and shall have the seal of the clerk affixed thereon. (1979, c. 815, s. 1; 1998-202, s. 6.)

    § 7B-3507. Legal effect of final decree.
    As of entry of the final decree of emancipation:
    (1) The petitioner has the same right to make contracts and conveyances, to sue and to be sued, and to transact business as if the petitioner were an adult.
    (2) The parent, guardian, or custodian is relieved of all legal duties and obligations owed to the petitioner and is divested of all rights with respect to the petitioner.
    (3) The decree is irrevocable.
    Notwithstanding any other provision of this section, a decree of emancipation shall not alter the application of G.S. 14-326.1 or the petitioner's right to inherit property by intestate succession. (1979, c. 815, s. 1; 1998-202, s. 6.)

    § 7B-3508. Appeals.
    Any petitioner, parent, guardian, or custodian who is a party to a proceeding under this Article may appeal from any order of disposition to the Court of Appeals provided that notice of appeal is given in open court at the time of the hearing or in writing within 10 days after entry of the order. Entry of an order shall be treated in the same manner as entry of a judgment under G.S. 1A-1, Rule 58 of the North Carolina Rules of Civil Procedure. Pending disposition of an appeal, the court may enter a temporary order affecting the custody or placement of the petitioner as the court finds to be in the best interests of the petitioner or the State. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-309, s. 3.)

    § 7B-3509. Application of common law.
    A married juvenile is emancipated by this Article. All other common-law provisions for emancipation are superseded by this Article. (1979, c. 815, s. 1; 1998-202, s. 6.)
     
  4. army judge

    army judge Super Moderator

    Messages:
    33,299
    Likes Received:
    5,341
    Trophy Points:
    113

    So far, you've been given solid advice.
    I can only add, IF there was a path to emancipation, it would take at least a year, maybe 18 months for the remedy to granted.
    See the picture, even if, it wouldn't be swift!
     
  5. AshTheWarrior

    AshTheWarrior Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    I want to go ahead and thank you for the advice and the help. I knew this but wasn't sure if they allowed outside help, I'm glad that's been cleared up.
    And I realize it's not a valid reason, but at this point we're willing to try anything.. Do you know anything about independent living ? It's been mentioned to me by a friend who is in the system. She said it might be a better option than emancipation.
     
  6. shrinkmaster

    shrinkmaster Well-Known Member

    Messages:
    3,740
    Likes Received:
    294
    Trophy Points:
    83
    Without emancipation the teen will not have the legal authority needed to live alone
     
  7. AshTheWarrior

    AshTheWarrior Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    Then this isn't going to work.. We only need something for nine months. She's eighteen in April.
    Do you know anything on Independent Living ? Friend of ours that's in the system brought it up. Tried to find research on it but I couldn't find anything.
     
  8. cbg

    cbg Super Moderator

    Messages:
    8,486
    Likes Received:
    1,611
    Trophy Points:
    113

    If independent living were an option, the caseworker who is getting her into the group home would have mentioned it.
     
  9. AshTheWarrior

    AshTheWarrior Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    I don't know what the case worker has said to her.. I haven't talked to her in days. Last time I talked to her was Saturday for two minutes. We haven't had the chance to talk ideas and plans.
     
  10. cbg

    cbg Super Moderator

    Messages:
    8,486
    Likes Received:
    1,611
    Trophy Points:
    113

    From what I can see, in your state the Independent Living program is one that she would move into AFTER an extended stay in foster care or a group home, not instead of it. It's designed to be a transition from foster care to living on ones own - it is not designed to be used in place of foster or group care.

    As I said, if that were an option, the caseworker would have said so.
     
  11. shrinkmaster

    shrinkmaster Well-Known Member

    Messages:
    3,740
    Likes Received:
    294
    Trophy Points:
    83
    There is no plan! She waits till her 18th birthday when she can legally walk out the door and not look back
     
  12. AshTheWarrior

    AshTheWarrior Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    Well.. Thank you for the help.
     
  13. ElleMD

    ElleMD Well-Known Member

    Messages:
    3,032
    Likes Received:
    496
    Trophy Points:
    83
    I feel for this girl. That said, you did the right thing by contacted CPS. It should have been done years ago if there was truly abuse, but at least it has been done. Grounding her is not illegal. Neither is banning her from contact with you. Children do not have a legal right to date. It is admirable you want to help her, but at your age, this is way out of your league. Sure, stay in touch and be a friend. She will need lots of those. Sending her out of district might be best for her to keep her away from the bullies and anxiety surrounding her time in her current district. Support the decision either way.

    If you have difficulty with anxiety, talk to your parents about seeing your doctor or counselor for it. Putting the responsibility for calming you down on the shoulders of this poor kid is not fair to either or you.
     

Share This Page