Full question:
I am an 18-year-old girl and I live in North Carolina with my mother. Last year my father had passed away. My mother considered moving from North Carolina for a better job. I do not want to move to another place and wish to obtain emancipation. What are the requirements or criteria for filing a petition for emancipation and for the court awarding a decree for emancipation?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: North Carolina
Answer:
In North Carolina, a minor who has attained the age of 16 can file a petition for a judicial decree of emancipation. The minor has to file a petition which contains all information as required under N.C. Gen. Stat. Ann. § 7B-3501. The court, after reviewing the considerations for emancipation, will determine whether all factors including the best interest of the child as provided in N.C. Gen. Stat. Ann. § 7B-3505 have been satisfied, and may allow or deny emancipation.N.C. Gen. Stat. Ann. § 7B-3500 provides that:
“Any juvenile who is 16 years of age or older and who has resided in the same county in North Carolina or on federal territory within the boundaries of North Carolina for six months next preceding the filing of the petition may petition the court in that county for a judicial decree of emancipation.”
N.C. Gen. Stat. Ann. § 7B-3501 reads as follows:
“The minor can file a petition for emancipation containing the following information.
“(1) The full name of the petitioner and the petitioner's birth date, and state and county of birth;
(2) A certified copy of the petitioner's birth certificate;
(3) The name and last known address of the parent, guardian, or custodian;
(4) The petitioner's address and length of residence at that address;
(5) The petitioner's reasons for requesting emancipation; and
(6) The petitioner's plan for meeting the petitioner's needs and living expenses which plan may include a statement of employment and wages earned that is verified by the petitioner's employer.”
N.C. Gen. Stat. Ann. § 7B-3505 provides that:
“After reviewing the considerations for emancipation, the court may enter a decree of emancipation if the court determines:
(1) That all parties are properly before the court or were duly served and failed to appear and that time for filing an answer has expired;
(2) That the petitioner has shown a proper and lawful plan for adequately providing for the petitioner's needs and living expenses;
(3) That the petitioner is knowingly seeking emancipation and fully understands the ramifications of the act; and
(4) That emancipation is in the best interests of the petitioner.
The decree shall set out the court's findings.
If the court determines that the criteria in subdivisions (1) through (4) are not met, the court shall order the proceeding dismissed.”
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.
