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  1. #1
    Join Date
    May 2007
    Posts
    1

    Unhappy I Want To Move

    I curently am staying with my sister and her family in raleigh, n.c. My mom who lives in Durham,n.c. wants me to move back in with her but I don't want to. is there any legal way for me to emancipate myself from her so I can stay with my sister or does my sister have to file for custody of me?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: I want to move

    Q: is there any legal way for me to emancipate myself from her so I can stay with my sister ?

    A: Yes. Get a full-time job and support yourself 100%.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I want to move

    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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