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 can be emancipated at age sixteen by filing a petition for emancipation. The court will evaluate several factors to determine if emancipation is in the minor's best interests, including:
- The parents' need for the minor's earnings
- The minor's ability to function as an adult
- The minor's need to enter contracts or marry
- The minor's employment status and living arrangements
- The level of family discord that may hinder reconciliation
- The minor's rejection of parental support
- The quality of parental supervision or support
Emancipation is typically granted to allow the child to live independently and be self-supporting. If the emancipation is approved, the minor is no longer entitled to parental support. Until the child reaches sixteen, the parent retains custody and control over where the child lives. If a child runs away, law enforcement may be involved to return the child home. For reference, see N.C. Gen. Stat. § 7B-3504.
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.