Teens who meet residency and age requirements 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. Teens must be at least 16 years old and show proof of living in one county or federal territory of North Carolina for a minimum of six months prior to petitioning.Continue Reading
An emancipation terminates parents' legal authority and financial responsibility for their children, so petitioners must provide evidence of inappropriate conduct, harmful environmental conditions or other significant circumstances, according to the Legal Information Institute. Minors, parents and appointed guardians can initiate the process. For example, a minor may seek emancipation to leave an abusive household or qualify for financial aid when parents are not contributing to college expenses.
Documentation should include the recent addresses of all parties and the birth date and birth county of the petitioner, the North Carolina General Assembly states. 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.Learn more about Law