What is the Process for Emancipation of a Minor

My question involves juvenile law in the State of: North Carolina

I have read the law a million times regarding eligibility for emancipation for North Carolina, and from what I understand the only definite requirement is that the petitioner must have resided in North Carolina for 6 months prior to petitioning. I am currently 17 years old and I am interested in living on my own. I do not get along with my parents well, and we believe that it is in our best interests for me to live alone and support myself. Is there anyone who has been emancipated in NC who can explain the process to me and what I should or should not do? I currently work a part-time job, as well as go to school. I also currently live with my parents. I am going to write out my plan and I would like it for someone to tell me the practicality of it, or any changes you think I should make in order to provide a strong argument to be granted my emancipation request.

I would not necessarily go so far as to describe my parents as abusive, I would just say that there is much that we disagree on and I reject their authority. From my job, I currently have about enough saved for a security deposit and one month's rent at a room-for-rent type situation in the area that I live in. I do not currently have a contract with a room-for-rent, because I am a minor and do not have the ability to enter into a lease. However, I can provide proof that immediately post-emancipation, the individual with the room I have arranged to rent has consented to enter into a contract with me. If I am asked about what I will do if my housing plans fall through, I will have proof that I am permitted to stay with another individual for a very short time until I can make other arrangements. At my part time job, I make enough money to pay rent and support myself with food, clothes, etc. I will continue to attend school because the room I intend to rent is in my area and within walking-distance of both my school and work.
I believe that is about it. By the way, my family situation is irreconcilable. I just have some questions.

I have only been working at my current job for a few weeks, but it is steady and will hold. Will my case be dismissed because I have not been working at the establishment for long enough? I had a previous job that I can prove provided me enough pay to support myself, but I left that job several months ago and am now currently working somewhere new. Is it even worthwhile to try to bring that documentation into court?

I intend on filing for emancipation no matter what, however, I would greatly appreciate some advice on how to strengthen my case. I know that my lack of time at my job hinders me, but does anyone believe that I can provide enough documentation to give a solid argument? Also, has anyone on this forum been through emancipation and can explain to me exactly how the process works from someone who has experienced it?
Thanks!

You know there was a thread on North Carolina law regarding emancipation in this forum right?

North Carolina emancipation law:

Sec. 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.

Sec. 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.

Sec. 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).

Sec. 3503. Hearing.

The court, sitting without a jury, shall permit all parties to present evidence and to cross-xamine 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Emancipation is not a way to get away from your parents because you don't like their rules or you don't get along with them. Lots of teenagers don't "get along" with their parents. They aren't there to be your friends.

Part time job isn't going to cut it. "I would just say that there is much that we disagree on and I reject their authority. From my job, I currently have about enough saved for a security deposit and one month's rent at a room-for-rent type situation in the area that I live in." Sorry this is not what emancipation is for.

You said you read the law "a million times?" Read it a million and one and then research emancipation. You have to already BE self sufficient. If you can't take care of yourself now or aren't then you won't get it granted.

Kid you got a lot to learn about life. Stop giving your parents a hard time. Listen to them. You're 17 - you have a year until you're legally an adult. Then you can do what you want. Until then suck it up.

By the time a petition is heard in court, you'll probably be 18.

You need to understand that emancipation is not a means to escape parental control; it's a means by which a minor, through no fault of their own (think of parents being killed in a plane crash), obtains the authority to get the power switched over in their name.

I'm going to highlight a particular part of the statute:

Quote:

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Sec. 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.

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Item 4 gives the court a sort of "get out of jail free" card; it removes the burden of the court to argue why it won't grant the petition and instead gives the court free rein to use "Best interests" as an axe, and it is wielded frequently and with great strength.

"I make enough money to pay rent and support myself with food, clothes, etc."

What do you consider "etc"? There are things you will have to pay for that have not crossed your mind.

One month's rent likely isn't going to cut it. Is that "room for rent" priced at fair market value?

And, as Mercy indicated, there are many expenses included in your "etc."...

Personally speaking, a P/T job just ain't gonna cut it.

Your best course to emancipation is to sit the %#@% down and shut the @%@#% up! You'll be 18 and able to make a shocking mess of your life at that time, never mind that you'll not be heard by the courts by then if you're already 17 and a half. I can tell you're not ready to be on your own because you still count your years by halves!

NO, that's not legal advice but it's the best advice you're going to get.

Now, on to more important things than whinging children, where is my coffee cup!? the one I've been drinking my coffee out of since my daughter gave it to me about 8 years ago? It says "Drink more coffee" on one side and "love you Poppy on the other" I want it back and I want it back now!

Wait...I found it. It was on the window sill right where I left it.

Carry on...<walks towards the coffee pot>

Quote:

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Quoting kyjai

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Is it even worthwhile to try to bring that documentation into court?

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My $10 says don't bother because no court will emancipate you under the conditions you describe.

You're like a million other teenagers who think emancipation is a way to get away from rules.

What you and they don't understand is that life is full of rules, many more onerous than anything your parents throw at you.

Suck it up and when you are 18 you are free to move out of the house and support yourself.