Automatic Emancipation by Marriage

NC may provide for automatic emancipation as early as 14 if to get married by court order ...

And it may not.

And as a matter of fact, it does not.

I see you're up to your old tricks of posting inaccuracies.

Others opine differently ...and there are a few extra steps ..but in NC the marriage of a juvenile is automatic emancipation per 7B 3509 .

And NC provides for marriage of a pregnant juvenile or one with child down to age 14 w parental consent and a court order

Others opine there is such a option in NC ...I looked before I commented and even double,checked ..now I might be wrong ...but I'm not making wild guess.

I get it that a child of 15 lacks legal ability to consent ..and the nature of the felony may involve age or age spread as to other person..but that is not the question posed.

I think it's a bit of a stretch to suggest to a pregnant 15 year old that she can be automatically emancipated when she needs both parental consent and a court order. And there's little reason to suggest that either is likely to happen. And it's well within the realm of possibility that her boyfriend will find himself in jail rather than getting married.

The point is if all the pieces get in place the emancipation is automatic .

If Mom balks at consent it's end of process. I don't think it's smart of parents to enable kids to make poor choices....but that not a legal question . Perhaps Mom thinks she can ditch her duty to support her child via emancipation...that's not a question posed.

I'm in agreement that the guy in the equation deserves whatever the law provides ....and while marriage blocks being required to testify against spouse, I recall reading of one DA bent on conviction who used DNA and simple time lines to convince a jury that at least one act took place well before the girl was old enough to consent.

The child didn't ask about marriage, or indicate what her parent's reaction was to anything. She said that SHE HAD DECIDED to apply for emancipation on her birthday so that she could move in with her boyfriend.

You may have checked the marriage laws, but I checked the emancipation laws. Which do not have any provision to allow a pregnant sixteen year old emancipate for that reason.

As I said, and as usual, you are reading things into posts that aren't there and then responding to "facts" that are not in existence.

Quote:

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Quoting cbg

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The child didn't ask about marriage, or indicate what her parent's reaction was to anything. She said that SHE HAD DECIDED to apply for emancipation on her birthday so that she could move in with her boyfriend.

You may have checked the marriage laws, but I checked the emancipation laws. Which do not have any provision to allow a pregnant sixteen year old emancipate for that reason.

As I said, and as usual, you are reading things into posts that aren't there and then responding to "facts" that are not in existence.

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Lets slow down a sec. Marriage is one of the elements of emancipation in every state. So, while a pregnant teen would be highly unlikely to be able to emancipate to live with her boyfriend, a teen, pregnant or not could, with proper permission, get married which would automatically emancipate them.

However, in this particular case there is virtually no chance that the courts would give permission for a pregnant teen, who is ON PROBATION, to get married.

The sad truth may be that if OP waits until she is 16 as she states, then she does not need court approval to get married in NC , merely the consent of her parent....and that act emancipates her...

Marriage is one of the elements of emancipation in every state.

I don't remember if it was this board, or "down the street" but I've seen at least one post from a teen who was married but was told BY THE COURT that she was not emancipated. I don't think it was in NC, but the point is that it's not a guarantee in every state. I'll see if I can find the link.

And, as I pointed out, the child did not say anything at all about her parents' position. For all we have, they're holding fast and saying NO.

The OP stated she had parental permission....whatever that means , it suggests they are unlikely to be a hold out with a "no" ?


Cbg ..I doubt I can retrace my steps but I do recall a PA case where a married teen was deemed UNemancipated...but I doubt any relevancy to matter at hand.