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Emancipation In NC

Discussion in 'Emancipation Law' started by MaryJaneDoe, Sep 27, 2014.

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  1. MaryJaneDoe

    MaryJaneDoe Law Topic Starter New Member

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    I am 16 years old as of March 2014, and I have a few questions about emancipation and my chances of getting emancipated.

    My mother died when I was young, so until about 12 years old I raised myself. I lived with family members and sometimes my father from the age of 3-12. My father was an alcoholic so I raised myself, and I am very independent.

    4 Years ago my dad got married to my stepmom. Ever since there has been problems at home. I don't get along with my stepmom at all. I want to get an emancipation due to emotional stress, and the negative effect that my living arrangements have on my grades and my college prospects.

    I have been threatened to be kicked out of the house numerous times, and my father has threatened me with physical violence stating that "If you don't live my rules there will be serious consequences, and Im not scared of going to jail for beating your ass". I am constantly going through emotional stess with many ups and downs. When my father gets mad he often calls me "stupid", "retarded", and he tells me that I will end up getting pregnant and living off of welfare, and other negtive things. My self-esteem has been a problem due to my father's outbursts of verbal rage.

    My father has banned be from sports, clubs, tutoring, and access to the computer at home. All of this negatively effects my grades in my AP college level classes, and my college applications.

    I honestly think I am better off on my own, or living with a relative. My father gets checks from the gov. in my name due to medical malpractice which caused my mother's death. I dont know if upon emancipation I would still receive the checks, but I do know that when I turn 18 I have money set aside. If I get emancipated could I use this as a plan for paying financial responsibilities? I can also do freelance writing. I have done it in the past, and I can increase my workload to support myself, especially since I will be able to sign non-disclosure contracts. As a back-up plan, my aunt has told me I can live with her.

    Do I have a good chance of emancipation?
     
  2. KatDini

    KatDini Well-Known Member

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    Children who are being abused are not emancipated; they are removed from the situation (if warranted) and placed into foster care. If you feel you are being abused, you should speak with an adult who is a mandated reporter (school counselor/teacher, nurse, doctor) or call DHR/DHS/DFCS/CPS yourself.
     
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  3. cbg

    cbg Super Moderator

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    No, you don't.

    Emancipation is not and never was a means to allow a minor to leave home. It was and is intended to be a means to provide legal protection to those minors who, for reasons outside their own control, found themselves living on their own.

    None of what you're describing sounds pleasant to live with, but it's not something for which the state is going to remove you from your father's care, either. You're not being beaten; you're not going without food or a roof over your head; you are not entitled by law to participate in after school activities. It's not pleasant to be called stupid and the like, but it's not a valid reason to take you from your father's care, either. You aren't living on your own and you don't have the finances to live on your own. It's not good enough to say that if emancipated, you'll be able to work more hours; there's no guarantee of employment for adults, let alone emancipated minors, these days. The judge isn't going to emancipate you on a maybe.

    If your father will allow you to live with your aunt, you can do that without being legally emancipated. If he won't, then I'm afraid you're stuck where you are until you're 18.
     
  4. army judge

    army judge Super Moderator

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    If you, OP,m are anyone you know are being harmed, beaten, abused, molestred, neglected, malnourished, or are in any way in danger; don't hesitate to call "911".
    The police and paramedics will be dispatched to assist you.
    The police will investigate the situation and determine which state agency (f any) should be contacted.
    Otherwise, I don't see you being emancipated by court proclamation.
    However, I do see your emancipation in March of 2016 when you become of majority.
    You will also be emancipated by operation of law.

    One last comment, OP.
    In the entire USA over the years, you're statistically more inclined to win a lottery jackpot than be emancipated, be hit by lightening, be elected governor of your fine state, win American Idol (or a similar show), or be elected president of the USA.
    Bottom line, it rarely ever happens.
    I wish you well.

    Here is some reading material on the emancipation process in your state, North Carolina:

    http://sogpubs.unc.edu//electronicversions/pdfs/rca/ch4.pdf?

    http://www.ehow.com/info_8759629_emancipation-minor-north-carolina.html

    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. (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.)


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