emancipation

[momo@#&]

Jurisdiction

North Carolina

I'm 16 I live in Raleigh, NC I looking to be emancipated because my mom might move out of state and because I have a son and my son's father lives in Raleigh,NC and I dont want to move to a different state because he will never able to seen his father aND if my mom moves out of state before I'm 18 I need to be able to get my own place to live my mom is willong to sigh away her prenatal rights and I was just wondering since my mom is willing to sigh away her rights is there any need to go to court

 

[ElleMD]

Sorry but you and Mommy are stuck with one another until you turn 18. Period. She moves, you move with her unless whomever your father is petitions the court for custody and it is granted. She can't sign away her rights to you and you can't get emancipated so you can live with/near the guy who knocked you up while you were a child.

 

[army judge]

I'm 16 I live in Raleigh, NC I looking to be emancipated because my mom might move out of state and because I have a son and my son's father lives in Raleigh,NC and I dont want to move to a different state because he will never able to seen his father aND if my mom moves out of state before I'm 18 I need to be able to get my own place to live my mom is willong to sigh away her prenatal rights and I was just wondering since my mom is willing to sigh away her rights is there any need to go to court

Emancipation is never allowed for the reasons you cite.

Emancipation is the process by which a minor child frees herself or himself from the guardianship and authority of her/his parents. This means that the child is no longer the responsibility of his/her parents and is responsible for his/her own actions. In North Carolina, a minor (person under the age of 18) must be at least 16 years old to seek an order from the court for emancipation.

In determining the best interests of the minor and the justification for emancipation, the court will consider a number of factors including the extent of any family discord that may be at issue, the parent's need for the minor's earnings, and the minor's ability to accept adult responsibilities.

If the emancipation petition is granted, the minor will secure the right to make decisions on her own, to execute contracts, to participate in lawsuits, and to engage in business activities independently. The parents' duties of support to the minor are thereby ended.

This blogger offers greater detail on the process of emancipation in NC:

How to get emancipated in North Carolina - Labor Law Talk Blog

If your parent(s) grant you permission to marry, you become emancipated via the marriage to an adult. I'm not encouraging you to get married, as that isn't necessarily the best thing for you. However, if their is persistent, rampant discord in your current family life, the court would take that matter into consideration before granting the petition.

Persons between the ages of 16 and 18 may legally marry with the written consent of their parents or legal guardians. The only exception is for minors previously emancipated by the courts. Persons between the ages of 14 and 16 may only marry if the bride-to-be is pregnant or has given birth to a child. In those cases, a judge must issue a court order granting permission to marry, provided he finds the underage party is "capable of assuming the responsibilities of marriage and the marriage will serve the best interest of the underage party."

North Carolina family law presumes it is not in the underage person's best interest to marry, so the burden is on him or her to prove otherwise.

In determining an underage person's best interests, the court will look at a number of factors, including the opinions of the underage person's parents or legal guardians, the relationship between the underage person and the parents or guardians, and the opinion of a lawyer appointed by the court to represent the underage person. This lawyer, known as a guardian ad litem, is responsible for investigating the facts and circumstances surrounding the underage person's request to marry, including "the available resources within the family or community" and the person's "emotional development, maturity, intellect, and understanding." The guardian at litem may look at the underage person's confidential medical and psychological records, which are not protected by legal privilege but must remain confidential between the guardian ad litem and the court.

If the judge denies a person under the age of 16 permission to marry, he or she may not seek permission again for at least one year. If a person marries before the age of 16 without a court's permission, the marriage is void unless the wife is pregnant or has given birth to a still-living child. If a person under the age of 18 lies about his or her age to obtain a marriage license, the person's parent or legal guardian may bring suit in the district court to have the marriage annulled.

 

[adjusterjack]

Tell me again why we don't teach birth control in school.

 

[army judge]

Tell me again why we don't teach birth control in school.

Unfortunately, even when birth control is taught, many people don't listen. It's the old saw, it only happens to other people.

In this day and age of scientific and medical advances, the vast majority of people needn't experience an unplanned, unexpected pregnancy.

My unscientific observation is many of these people plot, plan, scheme, connive, or simply desire to bear children. Sadly, the child is the one most damaged.