Emancipation In North Carolina And Tennessee

[jadedone]

I have a situation that crosses state lines, and I'm not sure what to do. I am 17 years old, and three months ago my parents told me I had to leave their home because of my influence on my younger sisters. I am a resident of North Carolina, my drivers license still has my parents home address. But, for the last few weeks I have been staying with a family friend in TN. My parents have discussed making said family friend my legal guardian, but have yet to do so. I have started a job here in TN this week, and I have a car that my parents let me use. I am still technically registered in home school with my parents, but I have had no studies for months. I wish to emancipate, and complete a GED program. I have read the NC law on emancipation, and I see that it requires residence in the county you are petitioning to emancipate to for at least six months. Does my time here in TN disqualify me for emancipation in NC? Will I have to emancipate in TN? If my parents make the family friend my legal guardian will I have to emancipate from them, and will it have to be only after six months of living here in TN? I wish to return to NC, and live on my own. Will I need to move back to NC, and find a job there, before I can emancipate? or can I emancipate in NC, with the employment verification here in TN? IF for some reason I can file for emancipation in my home county in NC, the way things are at the moment, what should I include in my plans to support myself? Should I mention that I want to move back to NC, or should I wait until the emancipation is complete?

[LawResearcherMissy]

Your parents are legally responsible for you until you are 20 years old, or until you graduate from high school. Emancipation is not meant for parents to get rid of children they no longer want to take responsibiity for.

Emancipation is meant for minors who are, through extraordinary circumstances, already 100% self supporting - paying their own rent, car and insurance payments, managing their own educational and financial affairs - but are constrained from entering into contracts, thus mking it difficult to get utility services, leases, credit cards and the like.

These petitions are rarely granted.

It's far more likely that the judge will haul your parents into court and demand to know what they think they're doing by not completing your homeschooling and pushing their responsibilities off on someone else.

[jadedone]

That doesn't really help. In fact, that doesn't answer my question at all. What I want to know is, when I petition for emancipation in NC, do I need to be living there, or is having my parents permanent address on my license enough? Can I petition my home county in NC, while living and taking care of myself in TN? Or should I move back there ASAP, lock down yet another job, and set myself up in an apartment there?

[cbg]

You cannot petition for emancipation anywhere except the state where you are a legal resident.

[jadedone]

I don't think you understood what I asked. I am well aware that you must be a resident of the county in NC for six months in order to petition for emancipation. I am asking, if I have been staying in TN, but I am still a legal resident of NC, and my drivers license still has my parents address on it, can I file for emancipation in my home county in NC, using the job information from here in TN?

[cbg]

I don't think you understand the answer.

No. You cannot.

The likelihood that you will be emancipated at all is quite slim. More likely you will be hauled back home by the seat of your pants, thrown back into your parent's house, and they will be brought in to court to explain to a judge why they threw you out in the first place.

If they are able to defend their position because you really were a bad influence on your sisters, that makes it only that much less likely that emancipation will happen. If they cannot, you'll be living at home until you are 18.

I don't think you realize how rare emancipation is.

[LawResearcherMissy]

That doesn't really help. In fact, that doesn't answer my question at all.

It most certainly does answer your question. You did want an accurate answer, correct? And not just someone telling you what you want to hear?

The answer to your question, again, is you cannot petition for emancipation. You are not a candidate for emancipation.

Additionally, your parents are in a buttload of trouble for kicking you out.

That's your answer. It's not going to change.

[jadedone]

Regardless of my age, I would appreciate it if you would not talk down to me. I do not care what your opinion of my paticular case is. I am simply asking: would it matter when petitioning to North Carolina for emancipation, if I was living and working in another state, but my license and permanent address are still North Carolina, where my parents live. OR, Would I need to return to my home county/state set myself up in an apartment and find a new job there in order to petition. I did not ask if you thought I was a candidate for emancipation.

[panther10758]

read this It should clear things up

[LawResearcherMissy]

Your question was "Does it matter where I file?"

The answer is STILL "No, because the judge will not hear your case. You're not eligible for emancipation."

Still. Still. Still. As unchanging as the sea. You can pay a lawyer, but the answer will not be any different. But please, do go pay one. It seems that only being parted from your money will teach you this.