Full question:
If a 15 year old refuses to move out of state with his mother to remain at his high school, what then is the necessary legal process for the mother to avoid abandonment charges and any other legal issues that may arise?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: North Carolina
Answer:
In North Carolina, a child may be emancipated when they are 16 years of age by filing a petition for emancipation. 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 the emancipation is granted, the minor is no longer owed a duty of support from the parents. Before the child is 16, the parent has custody and care and it is not the child's choice where to live. If a child runs away from home, the police may be called to return the child home.
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.
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.
