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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40123
Experience:  30 years in civil, probate, real estate, elder law
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I've been trying to find out how I can be legally

Customer Question

ma'am, I've been trying to find out how I can be legally emancipated. I will be 16 years old in December and I really think it would be best for me to be out of my parents' care by that time. How would I go about this process?
JA: What state are you in? It matters because laws vary by location.
Customer: North Carolina
JA: Has anything been filed or reported?
Customer: Not yet. I'm not sure how to do any of that.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nothing in particular
Submitted: 7 months ago.
Category: Legal
Expert:  Ray replied 7 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 7 months ago.

Here is the petition you file

http://www.nccourts.org/forms/Documents/545.pdf

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.

Expert:  Ray replied 7 months ago.

You may file an emancipation petition with a county court by submitting identification details, contact information, a certified birth certificate and plans for maintaining independent income, according to the North Carolina General Assembly.

Expert:  Ray replied 7 months ago.

Petitioners must also explain why they want to pursue emancipation and provide verification that they can cover living expenses without parental help. The receiving party is summoned to a hearing and granted a 30-day period to respond to the petition in writing.

During the hearing, courts may order psychiatric evaluations or investigate the minor's living conditions to determine whether the teen is ready to assume adult responsibilities, says the North Carolina General Assembly. The state allows parents or minors to appeal emancipation decisions within 10 days of the decree.

So here if you can show that you are financially independent , that you have bona fide job then the court may likely approve your petition.

Expert:  Ray replied 7 months ago.

I appreciate the chance to help you, please let me know if you have more follow up.Thanks again.