Emancipation in NC

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genefiend93

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I'm 16, I work all hours that I can legally and make anywhere from $270-a little over $300 every two weeks and I recieve a SS check for $440 that I will keep so long as I stay in Highschool. My highschool pays for my associates in science. I will be able to work and go to school if I get emancipated. I have already found an apartment, I have the money for the credit fee and I sat down with my g-ma to calculate bills. I can cover it all with what I'm making monthly but I wont have to because I have a roomate that is willing to sign a contract saying he is responsable for half of the rent and bills. I have enough and I've considered that I have to pay for car insurance, groceries, ect. I know exactly what I'm gettig into.

My reason? My grandfather walked out on me and my g-ma 4 years ago but came back after leaving us to spend all of g-mas saving just to make ends meet. Since he has been back there has been constant fighting.. not typical family fighting either, real yelling and screaming, cussing, insulting. I cant deal with it anymore. It has affected my grades and my work performance. I hate being home and I become depressed after any fight. He has a chemical imbalance that causes him to be angry but he doesnt take his meds for it. I've been to a therapist and tried everything she recommended and NONE of it helped. She gave up.

So do I have a case?
And how can I improve it?
 
i'd bet you a nickle that your money won't stretch as far as you think it will... and your roommate that promises to pay 1/2 rent will leave you paying full rent before long... and you won't have the means or money to enforce the agreement in court.

You are best off to stick it out where you are at. Utilize friends and counselors to help you through it.

It looks like NC law leaves you a lot of room if you want to petition for emancipation though... you will need to be a lot more convincing with your reasons than you are here though. No judge will grant it without some VERY compelling reasons.
 
CHAPTER 7B. JUVENILE CODE


DIVISION IV. PARENTAL AUTHORITY; EMANCIPATION


ARTICLE 35. EMANCIPATION




§ 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.


§ 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.


§ 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).


§ 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 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.


§ 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.


§ 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.


§ 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.


§ 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.


§ 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.


§ 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.
 
mightymoose said:
i'd bet you a nickle that your money won't stretch as far as you think it will... and your roommate that promises to pay 1/2 rent will leave you paying full rent before long... and you won't have the means or money to enforce the agreement in court.

You are best off to stick it out where you are at. Utilize friends and counselors to help you through it.

It looks like NC law leaves you a lot of room if you want to petition for emancipation though... you will need to be a lot more convincing with your reasons than you are here though. No judge will grant it without some VERY compelling reasons.
Click to expand...

If my roomate doesnt sign the contract I'm not moving in with them and rent is only 500 monthly. I also have quite a bit of money in the bank for emergencies.
 
jacksgal said:
CHAPTER 7B. JUVENILE CODE


DIVISION IV. PARENTAL AUTHORITY; EMANCIPATION


ARTICLE 35. EMANCIPATION




§ 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.


§ 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.


§ 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).


§ 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 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.


§ 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.


§ 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.


§ 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.


§ 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.


§ 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.


§ 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.
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I've read that thing a thousand times. I just want to strengthen my case.
 
If you have read it a 1000 times then you know wha tyou need. However to make it simple for you. You need to show Judge

. You are 100% self supporting
This means no help from roomates friends, family, state etc

This means "you" pay
. Rent
. Utilities
. Gas
. Car insurance
. Cable TV
. Internet
. Phone
. Car maintence or transportation cost like bus
. Maintain a savings account
. Health care

etc etc etc all while going to school full time and maintaining decent grades. You will also need to have a plan for your continued education. I will add this I have read on this site and others that less than 1% of petitions are granted. This also takes a great deal of time depending on your age you might reach age of majority before process is complete. Your parent sor guardians will be notifed and have a chance to say why emancipation is not in your best interest
 
genefiend93 said:
I'm 16, I work all hours that I can legally and make anywhere from $270-a little over $300 every two weeks and I recieve a SS check for $440 that I will keep so long as I stay in Highschool. My highschool pays for my associates in science. I will be able to work and go to school if I get emancipated. I have already found an apartment, I have the money for the credit fee and I sat down with my g-ma to calculate bills. I can cover it all with what I'm making monthly but I wont have to because I have a roomate that is willing to sign a contract saying he is responsable for half of the rent and bills. I have enough and I've considered that I have to pay for car insurance, groceries, ect. I know exactly what I'm gettig into.

My reason? My grandfather walked out on me and my g-ma 4 years ago but came back after leaving us to spend all of g-mas saving just to make ends meet. Since he has been back there has been constant fighting.. not typical family fighting either, real yelling and screaming, cussing, insulting. I cant deal with it anymore. It has affected my grades and my work performance. I hate being home and I become depressed after any fight. He has a chemical imbalance that causes him to be angry but he doesnt take his meds for it. I've been to a therapist and tried everything she recommended and NONE of it helped. She gave up.

So do I have a case?
And how can I improve it?
Click to expand...



I would be interested in seeing those calculations
 
jacksgal said:
I would be interested in seeing those calculations
Click to expand...

ok rent:500
water: 81 (fixed rate) every 2 months
electric/heating: 120 give or take (im basing this off of the previous apartment owners bill that I got from the electric company)
car insurance: 50 a month for non-owners insurance
groceries for only me : 150
gas: 80 (thats what I pay now to go to school and work and the store, ect)
Phone/internet/cell: 60 (its a bundle thing)
it totals to 1041 avg. a month.

I make more than that a month right now. So whether or not I have a roomate I can cover it. I'm a full time college student and my highschool pays for my associates in science. I'm also a tribe member and the gov. will help pay for pre-med/med school because I have a tribal card.
 
What is your monthly bring home? Also are those bills with or without a roomate? What about TV, trash, Health care, entertainment, clothing, savings?
 
jacksgal said:
What is your monthly bring home? Also are those bills with or without a roomate? What about TV, trash, Health care, entertainment, clothing, savings?
Click to expand...

I make about $1150 a month, and that's without a roommate. I also already have furniture that my grandparents will let me have and I have medical insurance and a savings account with thousands in it.
 
You do realize, of course, that your death benefits from your parents will stop upon emancipation, right?
 
i dont care about their death benefits. It's not worth comprosing my future career because the fighting has a huge effect on my ability to perform in school and if i cant get through my associates (early college HS) before 2012 i can kiss pre med good bye.
 
Trouble at home is not grounds for emancipation. Teen emancipation was set up for teens (through no fault of their own) found themselves in a position of "self support". It is not a tool for getting out of an unpleasant or abusive home. For that you contact social services. That being said you have been told and shown whats needed. Take that and petition court
 
several people in this county have been emancipated from abusive homes. And me moving from house to house is NOT in my best interest because I go to the early college and moving will compromise that.

I've already petitioned. My date is 2-16-10. I want to know how to strengthen my case.

I already funtion as an adult and I make all of my medical and financial decisions.
 
There are seven considerations listed in the statute- strengthen your case by addressing each one of them in a very mature and convincing manner.
 
I am just worried that the fact that I can support myself wont matter. It's hard to prove psychological damage. The only people that see it are my peers/ employers/ family.
 
If you playup the "abuse card" your chances will likely decrease. A good protion of teens (rebel age) think their homelife abusive and wrong. Emancipation is not about escaping abuse (you call social services for that) its about self support. Look at statute I posted nowhere does it mention getting out of an unpleasant homelife!
 
genefiend93 said:
I am just worried that the fact that I can support myself wont matter. It's hard to prove psychological damage. The only people that see it are my peers/ employers/ family.
Click to expand...

It will be hard to prove "psychological damage" because you likely have not sustained any. You would need medical evidence.
 
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