Do I Have a Chance of Emancipation

[Kris97]

My question involves juvenile law in the State of: I am 17 years old and adopted. I was taken from my biological family at the age of 9 and the adoption was finalized when I was 11. I live in North Carolina. I went to my guardian the other day saying I want to move out. They said no (with no reason). So I told them I was going to file for emancipation so they took my car keys so I couldn't go to the court house. I payed for my car but they pay for the insurance be they feel " I'm not ready to pay for that". I want to move out because of many reasons. 1. My adopted brother has been very hands on with me and told me he has been in love with me for a long time. Before I moved in they asked him if it was okay if we were siblings and not dating. Thy have accused us of dating so many times. I honestly don't feel that way for him. I told him many times not to touch or tickle me but not once did he listen. I have no bedroom door and he has walked in on me changing and just stands there watching me. 2. Because my guardians have been emotionally abusive. Thy told my brother I was a B*. They told me I was starting to get fat and need to watch what I eat and then my 12 year old sister said yeah I know I feel bad for her (she weighs 150/160). I weigh maybe 110lbs. They used to limit the foo my sister ears because of her weight. We hand built a door to put on her room with an alarm so we knew when shed go out of her room and an alarm on the kitchen so she couldn't go in there without anyone else. They would tell her the same thing "you need to watch what you eat you are gaining to much weight". One of my guardian told me she doesn't like me but she not sure why but she is working on it with we therapist. They told me after I said I wanted to move out that I would be a burden on whoever I go to move in with because of my behavior problems. I have never gotten in trouble at school, work or the law. They also said that this request came out of no where and its looking like a mental disorder and they would know because they work with people who have them. They have done many other things like that but that's only a few. 3. My guardian has the same therapist as me which I've heard is highly illegal? The therapist relays information to me which my guardian has said. I am currently a senior in high school and my gpa is a 4.11 weighted as of right now. I worked two jobs this summer (about 40 hours) just so I didn't have to be home. Now I only work one job now because of school and other extra curricular activities. I will pick my second job back up in the summer. I'm not 100% sure but if I get emancipated I know I have to have a place to stay, but would I be able to go live with my biological aunt? If not I have other people saying I can stay with them. If I can't get emancipate what are my other options? Things are so bad I am willing to go back to foster care, but considering my age they might just pass it over and do nothing. Please help options needed.

[cbg]

Are you able to provide a judge with proof of your ability to pay 100% of your own expenses? Rent, food, clothing, utilities, transportation, medical care, insurance, school fees, and supplies, staples, etc.?

No?

Then you don't qualify for emancipation.

Where did you get the idea that they're required to give you a reason when they tell you you can't move out? They're not.

I don't blame you for being upset about your brother's actions - have you reported them to your school counselor?

[Kris97]

What would I need to provide proof? A bank statement? I would be able to pay for it all I already pay for my school things I have a car which I bought. And I didn't say they had to give me a reason I was just saying they didn't have one. Also I have talked to my school councilor but had no advice for me.

[cbg]

Oh, I think they have one. That they didn't give you a reason is not proof that they don't.

So, while you are still going to school you are able to earn enough to pay between $650 to $900 a month in rent (that seems to be about the going rate in your state) AND all your utilities AND all your insurance and transportation AND all the other things I mentioned without any help from anyone?

[Kris97]

Lookin at the requirements online you can live with someone else is that right? If so they have already paid off tere house but I would be willing to pay what vet they need or want me to and I could pay for it.

[Dogmatique]

That's not quite how it is though. You have to show that you can manage your finances... full market rent (not reduced), utilities, food, clothing, insurance, transportation...

[Kris97]

Do you have any advice for back up if my finances aren't where they need to be? I'd have to talk to my manger at work and see what she thinks about how much I make a month (I work in a restaurant as a hostess. I get paid 8 and hour plus some tips. During school I'll be work about 20 hours.

[Dogmatique]

You can read this (which was alarmingly easy to find.... ) http://www.expertlaw.com/forums/showthread.php?t=4875

Emancipation is not easy. There are very good reasons for this.

[cbg]

Hon, while it's not prohibited that you live with someone else, the judge wants proof that you will be able to support yourself if the people you live with get hit by a bus, or kick you out, or are transferred to New Zealand and cannot/will not take you with them.

And this is only the first hurdle. If you cannot prove you are self-sufficient you cannot be emancipated, but it does not follow that if you can prove self-sufficiency you will be.

You have a legitimate concern - I'm not discounting that. But emancipation is not going to be the answer. When will you be 18?

[Disagreeable]

Wear pajamas and change in the bathroom. 18 will come soon enough. Not to minimize your situation but many girls your age are prostitutes living on the streets being beaten by pimps.