Age 15 and Want to Be Emancipated, Custodial Parent Objects

[bethj]

My question involves juvenile law in the State of: North Carolina

I'm currently 15 and I have wanted to become emancipated for about 3 years now. My parents recently divorced and I've been bounced around from home to home. A little while ago, my mom signed away her custody to my dad because the court said I couldn't be around her new husband because of very bad problems of the past and she didn't want to do any visitations or anything. My dad had to pull a 50B on her as well. Now that I live with my dad, I've noticed that he has a really rough time paying the bills and supporting us because he won't keep a stable job and always resorts to my grandmother for money even though he still drawls disability checks (he doesn't need them). Whenever he does have money he will go and blow it on his girlfriend and ships me off to stay with my grandparents. When I was younger my parents moved away and left me with them and they finally let me come live with them in middle school. Things have always been really rough at home with a lot of fighting. I am an A-B honor student and I am going to go to the local community college next fall to receive my CNA license and continue high school. I have found some really great apartments in right by my school and have all of my bills and expenses planned out. I'm not planning to take actions until I get my CNA and start working and until I get my car. I know my dad won't give me permission to live on my own so its going to be tough. Would the court be on my side and how can I get this done?

[cbg]

First, you need to turn 16. That is the minimum age for emancipation in NC.

Then, you need to be able to show the judge that you HAVE (not, will get) an independent place to live and evidence of your ability to pay all your own support. That means more than a plan - that means showing a budget and rent receipts and utility bills and pay stubs and health insurance and your means of transportation and sufficient preparation for the inevitable unexpected bills that you didn't anticipate. AND that your grades are still better than average.

Then, you will need to be able to show the judge valid reasons why you are better able to raise yourself than your parents are and that it will be harmful to you if you are not emancipated.

No, the court will not be on your side. The court will be looking for reasons to turn you down and will take any excuse to do so. Judges HATE emancipating children (and yes, I know you don't think of yourself as a child but you are) and do it very, very rarely. If your dad does not give you permission to move out your chances of emancipation are very, very slim at best.