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Emancipation In North Carolina

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  • 04-05-2008, 02:04 PM
    lindajeannn
    Emancipation In North Carolina
    I'm 16 years old, and I want to get emancipated. I'll be 17 in May, and this is basically why I need to get emancipated:
    - my mom disappears for weeks at a time. she basically leaves me to fend for myself to find a place to stay, food, etc.
    - my mom is a single parent. my dad and her split up when i was 9 and they used to share custody of me, but my dad was abusive so i stopped seeing him a year and a half ago.
    - currently i am living with friends. i am much happier, and all my needs are being met. i DON'T have a job, but i am looking so that i can support myself.
    - because my mom disappears for weeks, it is impossible to have my needs met. also, since i am still in school, parent/guardians need to sign slips and stuff, and i have no way of getting them signed. i don't know where my mom is currently.
    questions i have:
    - i have serious medical problems, and am hospitalized alot. i am insured under my father's insurance. if i were to get emancipated, i would need to get medical insurance from a job that provides benefits, right? he would no longer be able to insure me?
    - i also have no car. will this affect my chances at emancipation?
    - how do i find an affordable attorney to take on my case?
  • 04-05-2008, 02:58 PM
    panther10758
    Re: Emancipation In NC
    Nothing in your post suggest you would meet criteria for emancipation (if your state has a statute) It does suggest you could contact CPS
  • 04-05-2008, 03:00 PM
    cbg
    Re: Emancipation In NC
    The fact that you have no car, no job, no medical insurance of your own and are not currently self-supporting will not just affect your chances at emancipation, it will stop it dead in its tracks.

    No emancipation for you.
  • 04-05-2008, 03:57 PM
    aaron
    Re: Emancipation In NC
    North Carolina Emancipation Law provides:
    Quote:

    Quoting North Carolina Emancipation
    § 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.
    § 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.

    You need to look at those factors, and figure out how you could convince a court that you are a suitable candidate for emancipation.
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