Can a 17-year-old student file for emancipation in North Carolina?
Full Question:
I am a 17-year-old student and I live in North Carolina. I work part-time and consider leaving my parental house to live independently. I wish to file a petition for emancipation. Can a minor file for emancipation?
12/29/2016 |
Category: Minors ยป Emancipation... |
State: North Carolina |
#29109
Answer:
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-3504 provides the considerations the court look into in determining the best interest of the minor. It provides that:
“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.”
(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.”
N.C. Gen. Stat. Ann. § 50A-351 defines the term ‘Adult’ as follows: “An individual who is at least 18 years of age or an emancipated minor.”
