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 aged sixteen or older can file for emancipation. To do this, they must submit a petition that includes the following information:
- The minor's full name, birth date, and place of birth
- A certified copy of the birth certificate
- The name and last known address of the parent, guardian, or custodian
- The minor's current address and how long they have lived there
- The reasons for requesting emancipation
- A plan for meeting their needs and living expenses, which may include employment details and verified wages
According to N.C. Gen. Stat. Ann. § 7B-3500, the minor must have resided in the same county in North Carolina for at least six months before filing the petition. The court will review the petition based on several criteria outlined in N.C. Gen. Stat. Ann. § 7B-3505:
- All parties must be properly notified or served
- The minor must demonstrate a lawful plan for meeting their needs
- The minor must understand the implications of emancipation
- Emancipation must be in the best interests of the minor
If the court finds that these criteria are not met, it will dismiss the petition.
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.