Will I Qualify for Emancipation

**aubrey.delagarza** · 09-13-2009, 12:20 PM

My question involves emancipation laws for the State of: North Carolina

I want to know if I should even attempt for emancipation. I am graduating June of 2010, I will only be seventeen years old. In August of 2010, I plan to go to college. As of right now I have a stable job that is above minimum wage. I have a savings account, where I put 20% of all my earnings. I want to file for emancipation and it be accepted by the time I go to college. I feel that I should have the rights of an adult by that time.
My parents in the past have been very questionable, though I never reported them for their abuse. I do not want to bring them to court for emancipation on those grounds, unless I have no other choice. In more recent times, they have been getting better. Though I feel that their own problems are getting in the way of my success.
I have already had a discussion about my plans with them, and they do not want to give up their rights as parents. In fact, they want me to take a year off school, live at home, and work. That is not the right thing for me to do in this time of my life.
So please give me some legal advice on emancipation, or some alternative options. If you have any further questions on details to help your assessment, please feel free to ask. I want to know my options, because this next year of my life is very important.

**cbg** · 09-13-2009, 02:06 PM

In order to qualify for emancipation, you will need to show that you can, alone and unassisted (that means that you cannot count the contributions of a roommate or any financial help from any other source), pay for rent, food, clothing, utilities, transportation, medical care, insurance, school fees and supplies, and all the other incidentals of life while finishing school and getting good grades. You will need to show the judge a plan for independent living, including a budget of your income vs. your expenses (estimates will NOT be sufficient), school and study hours, and the judge will have to find that plan satisfactory. You will need to prove to the satisfaction of the judge that emancipation is in your best interests, and "I feel that I should have the rights of an adult by that time" is NOT going to be enough.

Additionally, as an emancipated minor your parents will not be obligated to contribute one dime towards college. However, you will find it very difficult, if not impossible, to get financial aid without their financial information, which they will NOT be obligated to provide.

**aaron** · 09-14-2009, 06:45 AM

As of July, 2009, a legally emancipated minor can list as "independent" on the FAFSA form, and can thus qualify for financial aid independent of parental income.

**cbg** · 09-14-2009, 07:07 AM

Ah, I had missed that. Thanks, Aaron.

**aaron** · 09-14-2009, 07:18 AM

Thing stay the same for years or decades, then suddenly change. Everybody misses something, sometimes. (Even me.

Actually, I think I would be doing well if my batting average were as good as yours.)

**cbg** · 09-14-2009, 08:10 AM

Thanks, again.

**curious67** · 09-15-2009, 04:05 PM

Is monetary the only reason for emancipation? What if the child's guardians are not suitable?

**cbg** · 09-15-2009, 05:11 PM

Well, a lot depends on what you mean by "not suitable". But there are NO circumstances under which a minor who cannot be completely self-supporting will be emancipated, regardless of the "unsuitability" of the parents or guardians. If the state agrees that they are unsuitable, the minor will be placed in foster care or in a group home, or with other relatives. But there are no circumstances WHATSOEVER under which a minor who is unable to financially support him or herself 100%, will be emancipated.