Do the courts in North Carolina grant an order of emancipation for the purpose of getting married?

Full question:

My girlfriend and I have decided to get married by this fall. We both are residents of North Carolina. We both are 17 years old. I am working as a sales representative of a local company. We are considering to petition for emancipation. Will the court grant an order of emancipation for the purpose of getting married?

  • Category: Minors
  • Subcategory: Emancipation of Minor
  • Date:
  • State: North Carolina

Answer:

In North Carolina, while considering a petition for emancipation the court will consider several factors including the ability of a minor to survive without parental help and  the best interests of the petitioner. To determine the best interest of the minor the court looks into several considerations enumerated under N.C. Gen. Stat. Ann. § 7B-3504. The petitioner’s need to marry is only one among such considerations. The court will decide to grant or deny emancipation only after taking into consideration all the factors.
 
N.C. Gen. Stat. Ann. § 7B-3504 provides all considerations the court review to determine the best interest and it reads as follows:
 
“(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.”
 
 
Therefore, the court may consider the fact that you have decided to get married. However, the court may not decide to grant an order of emancipation solely on that ground, but only after taking into consideration other factors also. 
 

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

In North Carolina, a minor cannot legally move out without parental consent until they reach the age of 18. However, if a minor is emancipated, they may be able to live independently. Emancipation allows minors to make certain legal decisions, including where to live. It is important to consider that the court will evaluate the minor's circumstances before granting emancipation.