Can You Get Emancipated While Living With Relatives

My question involves juvenile law in the State of: Being able to be emancipated.


I just turned 16 in August and I get my license in December. I can't take living the way I live. My biological dad died when I was 10 and my biological mom signed her rights over when I was 9. I was originally living with a really good family, but I wanted my real family. So, they let me move in with my aunt and uncle. Ever since I moved in with them, I've had more problems then I've ever had in my life. I've felt like running away and going somewhere where no one could find me. I've never felt like this in my entire life. I do everything. I moved in with them when I was 13 and honestly I don't know what they would do without me, but at this point I don't care. I need to get out of that house. There is nothing I don't do. I do everything for them because it's like they're disable, but they're not. They won't let me get a job because they know what would happen if I did, I would have more money and be able to spend it how I feel. They know that I've wanted to move out for a while, but it's like they do everything they can to keep me away from my adopted family and my mom. They take my phone and my right to be on the internet. I just can't do it anymore. Is there any way that I could get emancipated or something? I just need a little assurance.

Emancipation is a matter of state law and you didn't specify a state. All that states that do allow emancipation all require that you be fully financially self-sufficient and most require you already be living separate and apart from family, living on your own without any assistance, including governmental assistance. You can borrow a friend's phone at school if you don't have yours to call your parents. You can also speak a school counselor for assistance.

In the last month, you have posted variations of this question three times now.

1.) Emancipation laws are state specific. No one can give you any specific information until you tell us what state you live in. Not all states allow minor to be emancipated and in those that do, the requirements vary.

2.) However, in this post you have given us enough information for us to be able to say, FOR SURE, that you do not qualify to be emancipated in any state that allows it. Assuming you are in the US, the answer is NO. You cannot get emancipated.

3.) If you want to know how I can say so with such assurance, post back WITH THE NAME OF YOUR STATE since forum rules require that you provide it, and I will tell you. However, as long as you refuse to honor the rules of the forum, I will not assist you any further.

4.) Depending on your state (that rule again) there may be options for you even though emancipation is, for sure and definitely, off the table. However, until you NAME YOUR STATE, you'll never know what or if they are.

I live in North Carolina

Nothing you have stated is justification for emancipation in North Carolina. Despite what you think you know of the term from eigth grade, emancipation is not a proceedure for escaping parental enslavement, but recognition that an independent youth needs relief from certain things denied him because of his age.

Your parents are not required to provide you a phone.
Your parents are not required to allow you to work.
Any money you earn is there's to control.

To be emancipated you have to show that you have a plan for independent living which includes documentation that you are employed NOW and proof of what wages you are being paid. Even then, the court will decide if emancipation is in your best interest and you've not said anything that will steer the decision in your favor.

Have you been able to discuss this with your adopted parents? What paperwork was done when they "let you move in" to your aunt/uncle's?

Speak with your counselor at school and see if you can find out what type of paperwork was done.

Before you could be emancipated in North Carolina, you would have to prove to the satisfaction of the court that you have the means to manage all of your own expenses, meaning you have to be able to show the court how you will pay rent, utilities, food, clothing, transportation, insurance, medical care, school fees and supplies, staples, electronics and all the other incidentals of life.

And the court will not be looking for, "I'll get a job". The court will be looking for, "I have a job which pays $xxx.xx per week, and here is my budget and here are my rent receipts and utility bills and my health insurance card and how I will make the paycheck stretch to cover everything I need to pay".

And that's only the first step in the process.

It doesn't matter that the reason you don't have one is that "they" won't let you. It doesn't matter that you would earn money if you had one. The only thing the court will care about is that RIGHT NOW, you do not have a means of supporting yourself. That means that RIGHT NOW, you cannot be emancipated.

I have tried talking to my Adopted Parents. They said I could move in if they had room for me to move back in. The only paperwork done was Guardianship paperwork.