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i am 16 years old. my parents are divorced and i am in custody to my mom.

i am 16 years old. my parents are divorced and i am in custody to my mom.

Full question:

i am 16 years old. my parents are divorced and i am in custody to my mom. my mother and i do not get along at all. we never do. i have ran away at least 4 times and one time i ran away for a period of 3 weeks. i want to live with my father because he and i always get along,we never argue, and i love him. i do not love my mom. but i cant move in with him because she will not let me and the only reason why that is (i think) is that she would have a lower child support check. if i emancipate myself could i only emancipate myself from my mom and then live with my dad? i have a steady job of 1 year and my dad and i get a long great. also i dont think my mom is properly nourishing me. and i know she does not use the child support checks to acctually support me because she makes me buy everything. groceries, clothes, and food, thats what child support checks are for not to take advantage of your son making money at his job.let me fill you in on some informationi live in charlotte north carolina with my mom in a 4 br house. i have a brother who has anger problems and is extremely treatening and manipulative towards my mom, he gets whatever he wants through his threatening ways. he sees no phychologist or shrink. hes just an enourmous ass hole and has no friends. i have a sister who is great to me but i have something against her because she is the 'little angel' a.k.a my mom shows extreme favoritism towards her. i think my mom spends all child support money on her. my parents divorced 2 years ago and it was out of the blue. my parents always got along great. i got over it. but thats when i started seeing a side of my mom id never seen before. bitch side. and finally me. im in 10th grade in high school i suffer from ADD and my mom refuses to get me checked out although i know i have it. my grades suffer from it aswell. im all into the arts im a photographer i paint i draw and i play guitar in a metal band. ive never had a drug problem but i do smoke ciggarettes because the nicotene neutralizes my ADD attacks and as you'd think my moms agianst it. she has a new boyfriend that shes obssessed with so i see her maybe 2 hours a day. in the morning and after she gets out of teaching at her school then she goes straight over to her boyfriends house, i dont hate her boyfriend i just dont like the whole idea of having 2 dads. i love my dad and i know he'd give me the nourishment i need because he knows how to be a parent. he supports me with everything. literally everything and. i think that i should be able to live with him. i think he should be my legal guardian. im 16 now and i want to be emancipated from my moms wrath of control she has on my life. am i a good canidate for emancipation or is this a totally different legal issue involoving custody

Category: Minors
Subcategory: Emancipation of Minor
Date: 04/07/2025
State: North Carolina

Answer:

The court will consider several factors including the parents' need for the minor's earnings as well as the minor's ability to accept adult responsibilities in determining the best interests of the minor. Typically, emancipation is granted so that the child may live independently and be self-supporting. If a child wishes to continue living with a parent and be supported by that parent, emancipation is not the proper remedy for the minor. If the emancipation is granted, the minor is no longer owed a duty of support from the parents.

The following is a NC statute:

§ 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.

Please see the information at the following links:

http://definitions.uslegal.com/m/minors-emancipation/
http://lawdigest.uslegal.com/minors/emancipation-of-minor/6570/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the requirements for emancipation in North Carolina?

In North Carolina, to be emancipated, a minor must be at least 16 years old, demonstrate financial independence, and show the ability to live as an adult. The court will assess your job stability, living arrangements, and family dynamics. Additionally, you must prove that emancipation is in your best interest and that you can support yourself without parental assistance. Keep in mind that being emancipated means you lose the right to child support from your parents.

Can I choose which parent to live with after emancipation?

Yes, after emancipation, you can choose where to live, including with a parent of your choice. However, it's important to note that emancipation means you will be responsible for your own living expenses and will no longer receive child support from your parents. Make sure to consider your financial situation and ability to support yourself before pursuing emancipation.

What happens to child support if I get emancipated?

If you are emancipated, you will no longer be entitled to child support from your parents. Emancipation means you are legally recognized as an adult, responsible for your own financial needs. This includes covering your living expenses, education, and other costs. It's essential to evaluate your financial readiness before deciding on emancipation.

How can I prove that my living situation is harmful?

To prove that your living situation is harmful, gather evidence of any neglect, abuse, or unhealthy dynamics in your home. This can include documentation of incidents, witness statements, or records of your mother's treatment of you. You may also want to seek support from a counselor or therapist who can provide professional insight into your situation. Presenting this evidence can be crucial if you decide to seek emancipation or modify custody arrangements.

What is the process for filing for emancipation in North Carolina?

To file for emancipation in North Carolina, you must submit a petition to the court in your county. The petition should include your reasons for seeking emancipation, your financial situation, and your living arrangements. After filing, a court hearing will be scheduled where you will need to present your case. It's advisable to seek legal assistance to ensure you follow the correct procedures and present your case effectively.