How to Qualify for Emancipation if Your Parents Won't Let You Move Out

My question involves juvenile law in the State of NC. If the NC statutes say that a child has to be living on his own away from his parents and taking care of himself before he starts the emancipation process, how does the child do that without the parents claiming him to be a run-away juvenile delinquent? Also, if this said child has a plan to care for himself once he leaves home, and can prove it with documentation and such, but cannot do that until he is free to move out of his home town, how does that work? Also, have you ever known a judge granting the juvenile temporary living arrangements prior to the hearing, as they have said it could take up to 6 months for the whole process to be completed (per his counselor that is advocating for his emancipation)? I have lots of questions but this is a start. I can't imagine this young man having to live with his narcissistic mother 6 months after she's found out he has started emancipation proceedings.

He doesn't. Emancipation is not about enabling children to run away from home. If a home is culpably neglectful or abusive, the minor can contact protective services.

He doesn't intend to run away from home. And there has been a report made to DSS by his previous counselor which was immediately denied. They said unless he was physically beaten or homeless, they weren't going to do anything about it.

Doesn't change the response.

He hasn't ever left home without permission. But his home situation is terrible, just short of physical abuse. There is plenty verbal and emotional abuse, and the family is so poor. Their trailer is a health hazard and completely trashed. His parents wouldn't let him go to school for a while and broke every home school law in NC there was. He's now going to a community college under the CCP program, but his parents can't even afford his books. I could go on and on, but there's not enough time. So, in NC, he has to already be living away from home when he submits his emancipation papers? His parents won't let him move out, because the mother is 400+, refuses to do anything, and he is the primary caregiver of her and his grandparents.

I never said emancipation was about enabling children to run away from home. But emancipation is about looking at a child's home situation on a case-by-case basis and determining if the best option for the child is to be away from his parents and out on his own.

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Quoting KSLULU

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He hasn't ever left home without permission. But his home situation is terrible, just short of physical abuse. There is plenty verbal and emotional abuse, and the family is so poor. Their trailer is a health hazard and completely trashed. His parents wouldn't let him go to school for a while and broke every home school law in NC there was. He's now going to a community college under the CCP program, but his parents can't even afford his books. I could go on and on, but there's not enough time. So, in NC, he has to already be living away from home when he submits his emancipation papers? His parents won't let him move out, because the mother is 400+, refuses to do anything, and he is the primary caregiver of her and his grandparents.

I never said emancipation was about enabling children to run away from home. But emancipation is about looking at a child's home situation on a case-by-case basis and determining if the best option for the child is to be away from his parents and out on his own.

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No, it isn't. Go read some sticky threads about the subject and educate yourself.

I have been educating myself, thank you. Apparently this is NOT the site to ask questions. These aren't caring people on here that are trying to offer guidance to people. These people, at least the ones that have replied to me today, are smart asses. And yes, that is exactly what emancipation is. Go read the NC statutes about emancipation and educate YOURSELF. Geez. Goodbye!

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Quoting KSLULU

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I have been educating myself, thank you. Apparently this is NOT the site to ask questions. These aren't caring people on here that are trying to offer guidance to people. These people, at least the ones that have replied to me today, are smart asses. And yes, that is exactly what emancipation is. Go read the NC statutes about emancipation and educate YOURSELF. Geez. Goodbye!

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You clearly haven't read a single thing. Including information about emancipation.

You don't know what you are talking about. How about you stop now. If you're not going to be useful and you just like the drama of arguing, go find someone else.

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

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

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

§ 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. (1979, c. 815, s. 1; 1998-202, s. 6; 2001-490, s. 2.34.)

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

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

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

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

§ 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. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-309, s. 3.)

§ 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.)

I suggest you reread what you have posted. Nowhere in that document is the phrase 'to release a child from parental bondage'. But thanks for playing.