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.

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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.

Parents have been known to give "permission" for something they know cannot be accomplished before now. I wouldn't be hanging my hat on that.

I want to say the thread I remember was in Ohio, but on that particular point I was talking to ll's superlative. On the other hand, if you know of a PA case as well, that just supports my point.

Why this is still under dispute I do not know, but I'll add a wee bit of fun if I may.

(I gave myself permission)

Once a minor is emancipated, this does not automatically (because we're so fond of that term, aren't we?) mean that the teen can't very rapidly become UNemancipated.

What fun!

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Quoting cbg

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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.

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I am sure that there are circumstances where a court could declare a married minor as non-emancipated...particularly in those states that allow marriage with only the parent's permission and the child is under court supervision for other reasons.

Nevertheless, marriage is normally an automatic emancipation.

Since you acknowledge there are exceptions, don't make superlative declarations and I'll accept "normally".

Suggest that it's an across-the-board, no exceptions, all-encompassing rule and expect me to fight you on it.

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Quoting cbg

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Since you acknowledge there are exceptions, don't make superlative declarations and I'll accept "normally".

Suggest that it's an across-the-board, no exceptions, all-encompassing rule and expect me to fight you on it.

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Actually I am now confused about what you are saying.

Marriage, a legal marriage, does actually emancipate a minor. In all states. Exceptions to legal emancipation also exist. I think that all of us agree that the minor is this particular situation is unlikely to be legally emancipated, even via marriage...but that does not mean that marriage does not normally result in emancipation.

I will agree with "normally".

Your initial post implied, Always, with no exceptions. That is what I am taking issue with.

by statute, in NC, a minor is emancipated by marriage.

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§ 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. (1979, c. 815, s. 1; 1998-202, s. 6.)

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so, if the child marries, they are automatically emancipated. I see no exceptions allowed for.

We're not talking about just NC, though.

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http://www.expertlaw.com/forums/imag...AAAElFTkSuQmCC Automatic Emancipation by Marriage

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

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the original post.



if it has expanded, well, I'm not going to check 50 states to provide an answer.

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

This is where it expanded.

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Quoting cbg

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

This is where it expanded.

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My statement was correct...and remains correct. Just because I am willing to concede that there could be exceptions in some instances or that a minor could end up un-emancipated in some circumstances does not change the fact that marriage is one of the elements of emancipation in every state.

It also doesn't change the fact that the minor in this particular scenario is NOT going to end up emancipated either. She is on probation. Her parents do not have the authority at this point to give her permission to marry.

All I am disagreeing with, ll, is your initial *apparent* claim that there could be no exceptions. Now that you have conceded that there can be, I have no further quarrel with your statement.

Beyond the fact of whether she would be or not, accepting she was does not mean a whole lot. She still doesn't get to go to bars, smoke, vote or anything else there are specific ages for. A merchant still does not have to contract with her in most cases.

In in the end, about the bulk of what it does is allow her to leave her parents home.

And some (maybe all but I'm not going there) states reverse the emancipation if the person gets divorced and is still a minor.

If all that NC law requires for a 16 year old to marry is parental permission it's not clear why or how being on probation would trump parental permission, if granted . Marriage might trigger a parole violation but thats a different issue

I did dig thru some issues a few years back ...and by law/code in one state , PA, divorce does NOT unwrap emancipation, annulment does. The exception I found was a county court level where apparently the husband skipped out on young bride and left her destitute ...and to while not addressed directly , to UNemancipate her put her back eligible for other care.

Just want to remind everyone one more time that the OP NEVER once asked about marriage. She asked about emancipation - period. It was HRinDevon who first used the M word in the original thread.

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Quoting HRinDEVON

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If all that NC law requires for a 16 year old to marry is parental permission it's not clear why or how being on probation would trump parental permission, if granted . Marriage might trigger a parole violation but thats a different issue

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Emancipation does not end the application of status laws. It does not end the jurisdiction of the juvenile court. It does not end juvenile probation. If a juvenile's probation requires that the juvenile lives at home, even if the minor is married the minor is required to live at home.

That applies to adults, as well -- if the court restricts the defendant's place of residence as a term of probation, the adult needs permission to move.

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Quoting HRinDEVON

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...and by law/code in one state , PA, divorce does NOT unwrap emancipation, annulment does.

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Pennsylvania does not have an emancipation law. Emancipation rules and policies vary at the county level.

Correct ..OP did not ask about marriage per se.....I took her question in context of can/how can I get emancipated at 16 and live with my BF.

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As CBG would admonish..we are getting far off OPs problem.

In PA there is statewide code on some points ...145.62 and statewide , marriage by permission at 16 + would create emancipation as would a few other conditions .

We're far enough off of the OP's problem that this was long ago split into a separate thread. But that's beside the point. If you thought Pennsylvania law was too far afield, you shouldn't have brought it into the discussion.

The Pennsylvania code -- which you should be aware is not statutory law, but is an administrative code -- provides a definition of emancipation to be used when reviewing a minor's application for public assistance. That provision has nothing to do with the issues under discussion.

Your reference to "statewide, marriage by permission at 16 +" is not a reference to a statute or code provision.