How Does Emancipation Work in North Carolina

[renague]

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

Hi, so I am turning 17 in June and planning on getting emancipated this Fall. I am in recovery from anorexia, major depressive disorder, and anxiety NOS. I attempted suicide this time last year and went to residential treatment for my eating disorder after being discharged from the hospital, I stayed in residential/PHP for about half a year. I am wanting to move in with my best friend from treatment who is 18. I am wanting out of my current living situation (I live with my mom and step dad, my father is deceased) because my mom is an alcoholic and I think I would drastically benefit from independence and a fresh start on life. She tries to be supportive in my recovery but her constant drinking is a bit of a barrier for that, and she also holds a lot of resentment towards me which causes frequent fights. Both of these things tend to cause me to delve further into my mental illnesses because of guilt and worries about her wellbeing/health. Could these be grounds for the court to rule in my favor, or the opposite (give the judge reasons to believe I would be unfit for living independently because of my history of instability)? I dropped out of high school because of my going away to treatment and I plan to get my GED before I move out. My parents say they will pay for me to go to community college and then a four year college, but likely nothing else- which is fine, I have researched and considered it all and I believe I can handle it. I currently have two (new) jobs and am saving up, I'm a full time nanny (40 hrs a week) and part time at Panera bread. I plan to get another job when I move. How likely do you think it is for me to achieve my emancipation? Do I still have to go to court even if my parents are not going to fight the emancipation, or can we just sign the papers? Do I need to get a lawyer? How far in advance should I start working on the emancipation if I plan to move out the first of August/how long will it take to finish the process? Thanks so much.

[Dogmatique]

It would indicate that you're not a suitable candidate for emancipation.

Have you truly researched? Because it becomes very clear who may or may not qualify. The court will look for just about any reason they can find to deny a petition.

They don't have to look too closely here, I'm afraid.

[PandorasBox]

When you are 18, you are free to move in with your friend.

Until then: The mental instability, the suicide attempt, the dropping out of high school....you need more supervision, not less.

Do yourself a huge favor.....forget the GED. Go back to school. It will look a lot better on your resume in future years.

[flyingron]

Understand, that despite what you think the word means it doesn't. It is not a procedure to escape parental "enslavement." It is recognition of an independently living minor needs relief from certain things that are denied because they are not 18, such as the inability to enter into contracts / leases. You must be able to show the court that you are supporting yourself. There is no way that a mentally ill person is going to qualify for emancipation.

You are going to have to tough it out for the rest of the year.

[renague]

I am doing much better in regards to my mental illness now. I am thriving in recovery and I, as well as my therapist and dietician believe I would thrive even more in an environment outside of home. My current home is not suitable or a nurturing environment for my recovery. My therapist has said she will write a letter to the court saying she deeply believes this is for my best interest. I would appreciate if someone could answer my other questions, such as when do I need to start the process.

[flyingron]

You fail to understand, to start the process you must already be living independently. NC requires you to be 16 and already living independently, and can show on the appellation that you have a plan to support yourself.

Once you are living independently, you fill out the petition form (http://www.nccourts.org/forms/Documents/545.pdf) with a description of why you need emancipation and how you are supporting yourself financially and file that with the court. However, in your situation, you are going to get denied if you file that. You don't qualify.

If your parents wish to let you reside elsewhere and someone is willing to take you in, there are procedures for that. They are not EMANCIAPTION. We don't turn allegedly recovering mental patients out to live for themselves. We might find alternative custodial arrangements. No court is going to consider letting you live alone is a good idea.

[PandorasBox]

Emancipation:

- You need to be living on your own first. No roommates. Not living with someone. But in a place of your own, paying Market Value Rent. Paying for your own utilities. Your own health care. Your own transportation. Your own food. Your own staples (aka, toilet paper, deodorant, soap, etc). And you have to ALREADY BE DOING THIS.

At 16, you are not going to get a lease without a co-signer.

[renague]

How am I expected to live on my own before getting emancipated if 1) my parents will only let me do so if and when I am emancipated 2) I can't get a lease at 16?

[flyingron]

Because emancipation is not intended for people like you. Emancipation is for exceptional cases where kids find themselves forced out on their own and need such relief, not for those who just are unhappy living with their parents.

[Mr. Knowitall]

I would appreciate if someone could answer my other questions, such as when do I need to start the process.

What is it that you still need to know after reading the stickied threads in this forum. You did read them, didn't you?

If your parents are willing to let you move out, you don't need to be emancipated in order to do so.