Do I Have Grounds for Emancipation

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


I'm 16. My mom has a serious mental disorder and can not handle the strain of me living with her. Me being there drove her to try to commit suicide several times, directly in front of me as well as in private. About 3 years ago I decided that I would be better off living with my father, for her as well as my own welfare. Supposedly my father has the same mental disorder as she does, borderline personality disorder. My father has gotten violent with me before, though that stopped over a year ago, and I believe he's not touched me since because I had my mother come pick me up and I called the police. He threatens to hit me, both physically balling up his fist, as well as just verbally. He endlessly complains about money, tells me what a bad parent my mother is, but that's only the minimum of it. He absolutely breaks me down emotionally. He calls me a bitch, tells me to kiss his ass, tells me to stop bitching and whining when I cry. When I ask him to please respect me and I will respect him, he tells me that it "Doesn't work that way" because he's "the adult". I feel like I'm more of the parent than he is. When he and my mother were married, he beat her as well as my older sister who is now 24. I'd also heard statements from his most recent ex-wife that he used to rape her. He is a "good christian man" but throws away money to the church that he claims we do not have. On top of it all, he smokes marijuana. I have found his "stash" myself, though I have not confronted him about it. Sometimes he picks me up from friend's houses stoned out of his mind. His eyes will be squinty, blazing red, and blurry, and it will be clear in his driving that something is wrong. Even when he is not "high" he insists on going 15-20mph over the speed limit. I have expressed my displease in this every time I'm in the car with him, explained to him that I have several friends that are dead or injured for life due to driving like so. I have not been to the dentist in 2 years because he refuses to pay for me to get my teeth cleaned, and my current job is fairly recent. I plan to pay for myself to go asap. He refuses to buy health insurance for me because it "costs too much". When I ask to go to the doctor, he puts it off for as long as he can, no matter what the fever, and once we leave the doctor's, he yells at me for having to spend the money on me. He does not have a college fund for me, so that's another thing that I'll be on my own with regardless of custody. I currently have a steady part-time job, and I get my license in March. I plan to have enough saved up by that time to buy a car, and my cash flow is enough for me to support myself. I will not drop out of HS and I will go to college. I am selling my horse in order to have enough money to get away. I understand that I will not be able to afford my horse if I get away from the custody of my parents. Do I have grounds for emancipation in the state of North Carolina?

Do you meet ALL of the following criteria?

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North Carolina Statutes, Chapter 7B, Sub-chapter 4, 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 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.

§ 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.

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.

§ 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.

§ 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.

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It seems that I do. Will my father or mother have to sign to give up custody of me, or will it be argued against them and I hope that I win?

How much do you currently earn?

Minimum wage, working about 20 hours a week. I'm expecting a raise soon. I work my butt off and once I am emptied of my horse, I'll have that much more time to work. I will be prepared to clock in 40+ hours per week during the summer.

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Quoting EquineUser

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Minimum wage, working about 20 hours a week. I'm expecting a raise soon. I work my butt off and once I am emptied of my horse, I'll have that much more time to work. I will be prepared to clock in 40+ hours per week during the summer.

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You will not be emancipated until and unless you already have a track record of proving that you're earning enough to pay for your own rent (and that's market-value rent, not a reduced rate from a friend or relative), utilities, food, medical care, insurance, clothing, transportation....

Are you currently able to do that?

You will never be able to convince a court that you can support yourself on 20 hours at minimum wage. Probably not even at full time hours. You need to be able to SHOW the court that you areALREADY (not what you're GOING to do, but what you have ALREADY done) earning enough to pay the going market rate for rent, utilities, food, clothes, transportation, health insurance, and ALL the other incidentals in life, while at the same time staying in school and making above average grades. Until you can show a court that earning history AND a budget covering ALL of those expenses, emancipation isn't going to be a realistic option.

Remember, what is MOST important is NOT what conditions at home are making you SEEK emancipation, it is you being able to satisfy the court that you, and you alone, are able to TOTALLY support yourself.

Then what do y'all suggest? How does anyone else do it? I'm not being smart. I'm honestly asking, what can I do to make it possible?

Try speaking with your parents about allowing you to go live with a close friend or relative through an assignment of guardianship.

Emancipation is meant for kids in basically two categories:

The Miley Cyrus/Macauley Culkin types, or those kids who through no fault of their own - say, parents killed in plane crash - need the ability to legally enter into a lease agreement, get utilities in their name, that kind of thing.

It's honestly not intended for teens who, for whatever reason, don't like being at home.

I can't remember (maybe one of the others will dig it up) where I got the figure, but nationally less than 5% of emancipation petitions are ever approved. In my State, it's around 3% in King County, and less than 1% in the rest of the State.

It's not easy, and for good reason.