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  1. #1

    Default Am I Eligible for an Emancipation in North Carolina

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

    I am 15 years old, and turning 16 in less than a month. I come from a divorced family. My father has been in and out of jail and cannot keep a job, and is about to lose his license due to getting 3 DWI's in the past seven years. He also is living with his brother(who is an alcoholic, an abusive/angry one), and his brothers roommate, and this is not a fit environment for me..for I have tried it. My mom and I have not gotten along since i was in the fourth grade. We have been through counseling multiple times, and it doesn't work. The fighting is worse than most teenagers fights with their parents. I moved out of her house last year, to live with my dad.. and had to move back in with my mom a month ago once my dad lost his job due to the economy. My mom is an alcoholic, and even though she can keep a job with the State of North Carolina.. her fiance broke up with her because of her drinking problem, and her behavior when she drinks...which is mental abuse, yelling, and picking fights with people for no reason. She has a hard time admitting to alcoholism..but everyone else around her sees the problem. I can't mentally handle living in my home anymore, and when I try to get out for air... I'm not allowed. Nothing is good enough, and everything leads to fighting, cussing, yelling, or the cops coming to my house. Two weeks ago I went out to dinner with my dad, and I got home and she kicked me out for no APARRENT reason.. she THREW trash bags at me and told me to "get the hell out and get all your sh** because I'm changing the locks", I lived with a close friend for a week and a half and paid them rent for the time I was there.. but now she wants me back. She has agreed to give consent to the emancipation if I go through the process. The police have agreed that it is not fit for me to live here from what I have told them, but I'm wondering if a judge will see this as just an excuse to get away from rules, or my parents having control over me.. which it is definitely not.

    I need some advice and input about if getting emancipated would be the right decision or if it would even be approved by a judge.

    If I were to get emancipated, would it be okay to pay rent.. say $250 a month to a friends family, and live with them? And pay them for grocery costs, and other needs?(Obviously, have a stable job.. do good in school.. stay out of trouble.. etc.)

    Also, how long would I need to have a job to get emancipated, I know I must prove that I can support myself. But how far does supporting yourself go? I would GREATLY appreciate some help, and if you would like to know more about the situation.. just ask.

    --sorry for this post being so long, but I see how people just say NO. and i want to try and describe the situation as best as possible. THANKS!

  2. #2

    Default Re: Am I Eligible for an Emancipation

    In order to even be considered for emancipation, you'd need to prove that YOU and YOU ALONE could cover ALL of the household expenses if WHOEVER you lived with suddenly dropped off the face of the earth - or that if they did, you'd be ABLE to afford a place of your own (rent, utlities, groceries, HEALTH INSURANCE, and other expenses). Emancipation is about TOTALLY supporting yourself, and although they've made you a nice offer to help you out, the court isn't going to allow you to be able to get by on the good graces of others. If you drew up a budget that included you actually paying a rent amount that was consistant with other rents in your area - for example the "going rate" for a studio apartment- plus what you'd reasonably pay for utilities and ALL other expenses as IF you were living by yourself, the court MIGHT consider it. If studio apartments or similar lodging costs $600 a month in your town, THAT is the amount the court would want to SEE you paying. In other words, the court isn't going to approve emancipation while you're still DEPENDENT on others.

  3. #3
    Join Date
    Jul 2008
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    Default Re: Am I Eligible for an Emancipation

    The police have agreed that it is not fit for me to live here from what I have told them
    If the police TRULY thought that your home was not fit for you to live in, CPS would have been called (as is required by law) and you would not be there.

    You do not have one single reason in your post that a court would even consider to emancipate you.

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