Emancipation Of A Minor I Have Legal Custody Of

My question involves emancipation laws for the State of: N.C.
I have a 17 yr. old who I've had legal custody of for 2 yrs. She recently discovered that she could get her trust fund early if she got emancipated. She has hired an attorney with the help of her financial advisor. She doesn't have a drivers license, a car, job, furniture or anything else needed to start a new residence. She will be relying on the trust fund money to support her. It's a possibility she'll have a job before the court date. She has already signed a lease (I am LIVID over a landlord allowing a minor to do this) and has an unfurnished apt. with no utilities. Her accusations in the paper work that was given me are all false statements. She has admitted to me that she lied because she needed reasons for the emancipation. She'll be turning 18 in 8 months. She is currently taking anti depressant medications and will longer be covered on Medicaid if she's emancipated, leaving her with no insurance for medicines or Dr. visits. There is no foundation for her emancipation except that she wants this trust money early. My question is: Do you think I have a chance to stop this process if I try? I'm VERY worried and love her VERY much. Any advice in this matter is greatly appreciated. Thank you in advance for any help!

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Do you think I have a chance to stop this process if I try?

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Absolutely.

She hasn't got a prayer,really. In order to be granted emancipation, you have to demonstrate that you are ALREADY living on your own, taking care of yourself and your bills 100%, are steadily employed - and have been doing all of this for a while.

Here's what the law has to say on the matter.

First she cannot sign a lease at her age. Second having a job for a few days or even weeks will not look well with judge. She has an Attorney that does not work in your favor. Fight the petition and drag this out long as you can its likely in that time frame she might lose job or Landlord will not wait on move in. Here is the statute for your state

CHAPTER 7B. JUVENILE CODE


DIVISION IV. PARENTAL AUTHORITY; EMANCIPATION


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.


§ 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.


§ 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).


§ 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 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.


§ 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.


§ 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.


§ 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.


§ 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.


§ 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.

I didn't think that a minor could legally sign a lease. Thank you for that information and both of your help. I GREATLY appreciate it! My next question is: Would it be in my best interest (to help stop the emancipation) to try and get the lease cancelled?

Yes and not in "your" best interest but the minors. Teens seem to think they know it all (I know I did) but rarely do. There is a blog by a poster here that tells a heart breaking story of the only teen I have ever known who was successfully emancipated and his honest tale of the hardships that followed. I felt it so important a link is in my signature line. Its second link read it to the minor

The link in my signature seems to not work here is the blog please read it to the minor

http://blakematt.blogspot.com/2008/0...e-for-you.html

Good Morning! I have contacted the management for the apt. who let my daughter sign a lease. The manager seemed reluctant to speak with me. I explained to her that my minor child was in fact not only a 17 yr. old but a only a Jr. in high school, with no car or job. I told her that she still lives at home with me and for the time being I felt that she's using the apt. only on weekends to meet her 21 yr. old boyfriend. I also explained to her that I do not want my minor child holding a lease with this company in any respect. I was very polite and treated her with respect and patience. I'm thinking her hesitance comes from the fact that my daughter's financial attorney/consultant was the one who sent the check for the deposit and first month's rent. I was told that the property owner would contact me yesterday. I still have not heard from him. My question is: What steps can I take to ensure this lease is broken? This site is like a Christmas present to me! No words can express my gratitude. Thank you over and over again for your help!

P.S. I read the blog from your link. VERY insightful! Thank you for posting it and thank you for sharing it! I'll be sure have my child read it.

We go through this discussion from time to time: A minor's contract is not automatically void - it's (usually) voidable. That means a minor can usually escape a contract by expressing her desire to end the contractual relationship. This does not get the minor off the hook for paying for services or benefits already received under the contract.

Hello, my minor does not want to end the contract. Her bills from this lease are being paid through her financial attorney/ consultant, from monies accumilated over the yrs.. This financial attorney / consultant is doing this against my wishes. My concern isn't for the financial responsibilty. If a lump sum has to be paid, it is what will happen. Steps will be taken to make sure her contract is taken care of as the law requests. By the way, this is not a year lease, it's three months that she has had for less than three weeks. I'd like to know what I can do (as in her best interest, being her legal guardian) to try and end the lease. Thank you SO very much!