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  1. #1
    Join Date
    Apr 2010
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    Default North Carolina Emancipation

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

    I'm 17 and am finishing the second semester of my freshman year at college. I barely skimmed by the first and am failing all my classes this semester. The first semester I lived on campus and after seeing my grades my parents moved me back home. After my performance this semester I wished to take a year off and move out to find some motivation to continue school.

    My parents agreed with this plan at first but have now recanted their decision. I currently have two life guarding jobs that will begin at the end of next month. These are not jobs lined up or anything like that, I've filled out the paper work and all; I'm just waiting for the pools to open.

    The issue is that my parents and I are not seeing eye to eye. They would like me to go back to school after the summer, but if my grades are any indication, I'm not motivated to do the work or any desire what-so-ever. In high school I made all A's so it isn't a matter of intelligence but diligence and motivation. Which I hope to find by working. This will hopefully teach me that working 40+ a week for pennies is shit, and I'll want to go back to school to get a better job.

    Is it wise for me to attempt to become emancipated or is there another option. The plan I have set up is to move in with my brother when he comes back from Texas after the summer. He will not be supporting me, it's just so I'm not moving in with either strangers or my irresponsible friends (as dubbed by my mother).

    -Thanks

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    27,315

    Default Re: North Carolina Emancipation

    In order to be emancipated, at the very least you need to ALREADY be self-supporting;

    But here's the Statute anyway:

    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.

    Can you meet the requirements?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Apr 2010
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    2

    Default Re: North Carolina Emancipation

    I can meet them. My question really is whether my parents and me not seeing eye to eye on continuing college would be grounds for emancipation, or if there is a better route.

    I wasn't planning on acting on this until sometime in the mid summer, as I currently am not working but will be.

  4. #4
    Join Date
    Jun 2006
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    Massachusetts
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    17,629

    Default Re: North Carolina Emancipation

    No. You and your parents having differing opinions on the subject of college is most definitely NOT grounds for emancipation.

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: North Carolina Emancipation

    OP did you actually read what I posted?

    Because nothing you've said suggests you can meet even half of the criteria required for emancipation...
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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