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  1. #1
    Join Date
    May 2009
    Posts
    3

    Question I Know the Law, but Will the Court Make an Exception

    My question involves emancipation laws for the State of: North Carolina

    I know the laws for emancipation laws for NC but would they make an exception for my case? The thing is, I'm pretty much homeless. I live with my dad and my 11 yr. old brother at my g-pa's in Durham. Our house got repossessed in June last year and since then we've been from bad situation to bad situation. We've lived with a drug addict and then an alcoholic and then a bi-polar Christian who was all fire and brimstones, and through all of this I've been sleeping on a couch and living from bags. Besides that my dad is horrible. We fight constantly and I'm to the point where i want to pack up and leave. I've considered living with my mom and her boyfriend in Virginia, but i don't really like him and i'm not ready to give up my life here yet. And I've got plenty of people who would take me in if i asked. We just recently moved from Person to Durham county and my dad got back together with his ex-girlfriend who abused me when I was little. I don't like being around either of them but the law states that i have to reside in a county for 6 months before i can file for emancipation. Since I still go to school and get medicaid and foodstamps in Person is it possible that they will make and exception?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: I Know the Law, but Will the Court Make an Exception

    Of course not. Why should they?

    Emancipation means that you are supporting YOURSELF. Not that the state is shelling out to provide you with support.

    The law is not in the business of making exceptions. You don't meet the requirements, they do not grant you the PRIVILEGE of an emancipation. It's not a right.

  3. #3
    Join Date
    Jul 2008
    Posts
    853

    Default Re: I Know the Law, but Will the Court Make an Exception

    Not only that, but you have not mentioned whether or not you are supporting yourself, nor have you mentioned how old you are.

  4. #4
    Join Date
    May 2009
    Posts
    3

    Unhappy Re: I Know the Law, but Will the Court Make an Exception

    im 16. and its my dad whos getting us the government help. i understand that if i an emancipated i will no longer have these benifits and i don't need them. my sister is willing to let me live with her and I've got a job. my dad just refuses to let me live in a better situation than he's in.

    I know that a lot of kids post stuff about getting emancipated and to you I am just another one, but could you please try to be a bit nicer to people who are only coming to you for honest help?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: I Know the Law, but Will the Court Make an Exception

    Little one, you've got a lot to learn about adult life if the answers you got are not "nice" enough for you.

    Yes, quite frankly, you are just another one of the hundreds of kids who didn't read the stickies you were instructed to; who thought that the laws would not have to apply to you; and who does not appear to understand that sometimes it is kinder to put forth a flat NO than to provide you with false hope that the courts, as well as the message boards, will see you as anything more than one in a long stream of kids asking for a privilege they do not remotely understand.

    This is not a support board, or a place to get your hand held. You are asking to be granted the privileges of an adult. Well, adults have to learn early on that the answers are not always what you want, and that they're not always going to be couched in "oh you poor dear" sympathies.

    I did you the courtesy of giving you a direct answer. No, it wasn't full of sympathy and kindness, but it was straightforward and it was worded the way it was for a reason - to show you WHY the answer was what it was. I took you at your word that you were adult enough to take it. I could have said, "No, sweetie, I'm sorry but that just can't happen", and you know what would have happened next?"

    If previous examples serve, you would have been back saying, BUT WHY or BUT WHAT IF.

    This way, you understood right from the get-go that the answer was NO.

    I give you credit for at least answering politely instead of coming forth with a load of profanity like a lot of kids do when they get an answer they don't like. You appear to have been well brought up. You also appear intelligent.

    Google Tough Love.

  6. #6
    Join Date
    Jul 2008
    Posts
    853

    Default Re: I Know the Law, but Will the Court Make an Exception

    And I've got plenty of people who would take me in if i asked.
    my sister is willing to let me live with her and I've got a job.
    Emancipation means that you are supporting YOURSELF. Not that your sister is shelling out to provide you with a place to live.

    The answer is still no. To even have a chance you need:

    To have a job that pays for a place to live, your food, medical care, utilities, transportation, taxes, and all other expenses on your own, without any help whatsoever.

    Second, you need to be doing all of the above for a time, to prove you can handle it.

    Third, you then need to show that you are better off without parents. Not happier, not more content, but better off.

    Until all of those conditions is met, the answer is no.

  7. #7
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: I Know the Law, but Will the Court Make an Exception

    Would your sister be willing to become your guardian if your dad agrees?

    That may be your best option.

    That or moving in with your mom.

    Good luck!

    ((((hugs))))

  8. #8
    Join Date
    May 2009
    Posts
    3

    Default Re: I Know the Law, but Will the Court Make an Exception

    Thanks for the help. I appreciate that you guys were so straight forward. I'm reconsidering everything. I believe I would have to improve some things a lot more before I consider the option of filing for emancipation.

    My dad wouldn't sign custody over to my sister. I've been down that road already. He's just too stuborn.

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