Legal Question in Family Law in North Carolina

How can a 16 year old get Emancipated by the Court?


Asked on 11/24/13, 7:32 pm

1 Answer from Attorneys

By filing an emancipation petition. See NC Gen. Stat. � 7B-3501. In the petition the minor has to show how the minor will be capable of self-support among other things as set forth below in NC Gen. Stat. � 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.

The minor needs to read all of the emanicipation provisions in the law. They can be found in Article 35, Chapter 7B of the NC statutes.

Here is a link to Chapter 7B: http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0007B. Scroll down to Article 35 and read all the provisions.

If the minor meets the qualifications, the minor then needs to go to a family law/juvenile law attorney to file the petition.

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Answered on 11/24/13, 10:01 pm


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