Emancipation in North Carolina

[KAshlyn13]

My question involves emancipation laws for the State of: North Carolina. I recently turned 17 in July. I am still in high school and I currently have a job. Unfortunately, my home life is not one I would have picked for myself. However, I have tried to make the best of it. In high school I have set myself up to be able to graduate early, in january, and following the completion of my diploma I am going to Raleigh to take the state exam to be a Pharmacy Tech. I have a job lined up at a local pharmacy all I have to do is pass my exam. Upon obtaining a job I would like to file a petition for emancipation. I cook, I clean the house, I take my sister where she has to be when she has to be there, and I am responsible for my bills. Since I can do all of this for myself I want to have rights that adults have. Lease an apartment, have a checking account, and get a new car in my own name! If I have a high school diploma, a verified job, and proof that I can support myself is this possible?

[panther10758]

North Carolina Emancipation Law provides:

Quote:
Quoting North Carolina Emancipation
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§ 7B‑3500. Who may petition.

Any juvenile who is 16 years of age or older and who has resided in the same county in North Carolina or on federal territory within the boundaries of North Carolina for six months next preceding the filing of the petition may petition the court in that county for a judicial decree of 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.

[KAshlyn13]

But given the information provided, do you think it is a high possibility that I will be granted emancipation? If I do this and it fails things at home could get worse.

[panther10758]

From what I have heard and read less than 1% of all emancipation petitions are successful. So to answer your question I woud say there is very little possibility you wil be successful

[KAshlyn13]

So how can you successfully be emancipated?

[panther10758]

The statute has already been posted

[aardvarc]

The steps to petition and requirements for summons can be found at:

http://www.ncleg.net/EnactedLegislat...rticle_35.html

However, the court is going to consider foremost whether or not there is a NEED for emancipation. If your parents are providing a home, food, clothing, etc. then your chances are extremely tiny. It usually hinges on a NEED for emancipation to survive.

[panther10758]

Exactly. Emancipation is for those who "need" it not want it!