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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21271
Experience:  General practice of law with emphasis in family law.
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Can a 15 year old son request the court and receive emancipation

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Can a 15 year old son request the court and receive emancipation from his parents when he turns 16? He tells us he is planning to do so. We have had some problems with him with his ability to accept the answer of "no" to requests he makes. He has threatened, cursed, and has run away from us. He was even talked to by a Law Officer at one point when he ran away from us when we stopped at a gas station and the station called for an officer. He has gotten into physical altercations with his parents. We have tried to get help for him from Mental Health professionals but has not been easy and with little help. What can we as parents do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hi

Thank you for posting your question on Just Answer. I will be the Professional who will provide you information in this regard

I am sorry to hear that you are experiencing this teen rebellion from your son

Your question is Can he be emancipated at age 16

The answer is Yes and you can read the NC law here at this link

As you can see at that link there are factors that will be considered when a Petition is filed and it states the following

§ 7B‑3504. Considerations for emancipation.

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.

Basically what that means is he will need to show that he is self sufficient and supporting. That he has a job and that he also has health benefits with that job. That in all he does not need the financial support of his parents to survive and that if the emancipation is granted he will not become reliant upon the state taxpayers via a welfare system

As parents, you will be served with the Petition and you may appear at the hearing and Show Cause as to why this should not be granted.

I am sorry that he is being so rebellious. These things happen. It is a tough time for the kid as well as the parents. And if he is not emancipated, you are fully and legally responsible for him until he turns age 18.


I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything
Customer: replied 1 year ago.


What does quality of parental supervision or support mean?


 

Expert:  Samuel II replied 1 year ago.
Hi

"Quality" would mean are the parents neglectful or abusive

I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything
Customer: replied 1 year ago.

Would abusive be decisions made by parents that they feel are inappropriate for a child, such as not allowing to go with no adult supervision somewhere? Would defensive actions be considered abusive if the parent were defending themselves?

Expert:  Samuel II replied 1 year ago.
Hi

No. NC defines abuse as the following which you can read at this link for a misdemeanor and this link for a felony



I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21271
Experience: General practice of law with emphasis in family law.
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