Questions About Getting Emacipated

[klmeeks91]

My question involves emancipation laws for the State of: North Carolina
OK I am 17 I live in North Carolina I am in foster care right now and have been in here for over a month my parents kicked me out the night the case worker came over they took a lot of my money but cause i am a minor it wes also under thier name so nothing I could about that also my dad said that he would sign the papers for me to be emancipated but i dont think he wants to I am trying to get a job again and a car it is very hard since my parents made me quit the last job i had and left me with no money I would like to move to florida near my aunt and other people i know.
I was just wondering if anyone had any advice and if anyone knew about how the process takes?
thanks in advance.

[Happy Trails]

You will most likely turn 18 before you would be able to meet the requirements (since you do not have a job and you are not supporting yourself).
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§ 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.
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§ 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.

[klmeeks91]

ok was wondering if anyone had any advice for me
i have talked to my lawyer and read all the laws as a matter of fact i have the laws saved on my computer
and will it realy take more than a year cause i just turned 17 the 6 of april

[Happy Trails]

You need to work with your case worker.

A judge would want all the requirements above met before it would even be granted. It takes time to meet and prove what the judge takes into consideration.

Emancipation is rare and not easy to accomplish.

Read about this person who has a blog about his situtation.

http://www.expertlaw.com/forums/member.php?u=38376

Click on his "Click here" link.