What is Emancipation?
In the state of North Carolina, the law recognizes that not everyone is ready to be considered an adult at the age of 18. For those who find themselves in a situation where they need to be recognized as their own legal guardian, there is a process called emancipation. This section of our blog will provide an in-depth look at emancipation laws in North Carolina and the steps you must complete to legally emancipate a minor.
Emancipation is a legal concept that frees a child from the control and support of their parents or guardians. The process entails the minor requesting the court system to declare them as free from parental control so that they can enjoy certain rights that are traditionally reserved for adults , including the ability to enter into binding contracts, open bank accounts and own property.
However, the legal act of emancipation is not so simple. It also carries with it a large amount of responsibility, as it terminates the rights of parents to provide support for a minor in terms of their education, housing, clothing, food and any other needs.
There are numerous reasons why a minor might seek emancipation, specifically that they have a strong desire to live on their own or they want to get married. However, emancipation may not be within your best interests, as there are still restrictions on those who have been emancipated. For example, they can’t vote, buy cigarettes or alcohol, or run for office until they reach the age of 21.
Qualifying for Emancipation
To be eligible for emancipation in North Carolina, a minor must be at least 16 years old and less than 18 years of age. Additionally, a petition is generally not accepted for hearing until the minor has resided in that county for at least six months immediately before filing. The court schedules a hearing on the petition and then enters an order of emancipation if it finds the minor meets the following five criteria: If the court finds a minor has the capacity to do these things without direction or control from a parent, the court may enter an order emancipating the minor. If an order of emancipation is granted, it terminates the parental rights of the juvenile’s parents. The court must align the father’s surname with the minor to protect other children who share a surname with the father.
Emancipation statutes and legal process
The process of emancipation in North Carolina is not a simple one. It requires the minor—or more likely their parent or guardian—to file a petition with the clerk of court in the county in which the minor resides or that has jurisdiction over the matter. The petition requires basic information like the minor’s name, age, and request for emancipation.
Once filed, the clerk will then determine whether the documents are sufficient to proceed with the request for emancipation, or if there are issues with the proper paperwork. Assuming the petition has been duly completed and filed, a hearing is scheduled.
A minor does not need a lawyer to file for emancipation, but they do need to be represented by a lawyer at their emancipation hearing. Court appointed lawyers may not be used in emancipation hearings, but pro bono lawyers may represent minors in these cases. While it is generally easy to find a pro bono lawyer in order to provide the necessary legal representation, finding someone willing to take on the case is more of a challenge. As such, securing counsel ahead of time is recommended.
At the emancipation hearing, the minor must demonstrate to the court that the conditions for emancipation have been met. In North Carolina, a parent or guardian of the minor is entitled to appear and be heard at the hearing.
Even with all conditions for emancipation met, a court may still reject the request, if they feel that the emancipation is not in the best interest of the minor. Many courts are reluctant to terminate parental rights, especially in cases where the minor is not responsible for providing for their own basic needs.
Rights and responsibilities after emancipation
Upon being emancipated, a minor acquires new rights and responsibilities. The most notable is, of course, that of adulthood itself. The emancipation statute explicitly provides that emancipation "affords to the minor all of the legal rights and responsibilities of adults." For example, an emancipated minor may contract in her own name, sue or be sued, establish her own home and live apart from her parents, provide and be responsible for her own necessities and engage in any other activity for which the general law provides. The emancipation statute addresses some of these rights and responsibilities, but it is not clear whether it intended to be a comprehensive list.
While students who are at least 18 years old are entitled to attend free public schools in North Carolina, an emancipated minor no longer enjoys the protections of compulsory school attendance. Likewise, an emancipated minor should be free of all curfews and limitations on night driving as well as restrictions or responsibilities otherwise imposed on minors due to their student status (i.e. a legal seatbelt exemption, concussive injury monitoring, etc.). An emancipated minor is an adult student; she is not a minor student with rights and responsibilities shifted as a matter of grace and concession from the public education system to the parental unit.
Of course, just because an emancipated minor lacks special educational protections does not mean that she cannot still be educated. However, the purpose of compulsory school attendance and the attendant rights and responsibilities are to ensure that all eligible minors receive access to free public educations. If a minor student chooses not to participate in her free education, she may do something else, including work. Of course, as noted above, so long as she chooses to work, she must be treated as an adult employee, without limitation as to hours and schedule by any local or state regulation.
As a practical matter, to avoid conflict with individual parents, school and local law enforcement officials, the local department of social services and the child welfare system should keep records of each emancipated minor so that they have reasonable access to documentation that validates their emancipatory status.
Potential hurdle and important considerations
While becoming an emancipated minor can come with many benefits, other realities should be considered. Minor emancipation is not an escape route from bad life experiences. Before seeking emancipation, you should weigh the following potential challenges:
The juvenile court system is a complicated and lengthy process that may not result in the outcome that you want. It’s often arduous to drive the point home that you deserve to be emancipated. At some point, the judge may just want to reunite you with your parents. In cases of abuse, the judge may be more inclined to be sympathetic, but it’s not a guarantee.
You may lose the support of your family if you don’t have a friendly and supportive family unit. If you have no family at all, this could become a problem when you start to take on adult responsibilities. You won’t be eligible to receive government benefits, such as welfare or public housing. While your ability to secure employment or educational opportunities may improve, you will be responsible for paying for all of your own bills. This includes living expenses, food, medical bills, transportation, and more. You may even be denied public assistance, if you have no viable means of employment, according to North Carolina law.
Your friends may not understand why you have decided to emancipate yourself , which could cause you to lose relationships you value highly. Other friends may see your decision as a way of getting out of your situation and take advantage of your independence to engage in reckless behavior. Your friendships may also change because you don’t have the freedom to come and go as you please and may have to focus on responsibilities your family used to do for you.
The requirements for emancipation can be difficult to meet, and you may have to follow the process each time, even if you meet the criteria. You are required to provide evidence, subject to a hearing by a judge and often an investigation by the juvenile court counselor. There are no guarantees that the judge will even hear your case.
Even if the judge agrees to your emancipation, the Skeeters Law Firm warns that you may still be subject for reporting and following-up with the courts to ensure your emancipation is not reversed. You must also continue to file an application after your approval, such as an application for school financial aid.
You may not even be aware that you don’t meet the minimum age requirement for a marriage license at 18 years of age in North Carolina. To obtain your marriage license, your parents’ permission will be required. While this is not a big deal in terms of emancipation, it’s part of the package.
Alternatives to emancipation
In situations where minors are contemplating emancipation or are approached with the idea by parents, it is in their best interest to also consider alternatives to emancipation. These alternative options are ways for minors to address the usual complaints they have of their parents and avoid the legal process of emancipation. One of the more common alternatives to emancipation is a change of guardianship. This option is utilized when parents are abusive or neglectful and have an appropriate substitute to take care of their child.
The process is also known as a juvenile court custody action, and can be done through either a voluntary relinquishment of custody by the parents or through a juvenile petition. A juvenile petition is proper when the parents cannot care for their child but are willing for someone else to step in as guardian. Alternately, a voluntary relinquishment of custody occurs when the parent voluntarily gives up custody of their child to someone else with no contest and no dispute.
Another alternative to emancipation is family mediation. Mediation is appropriate for many families as a first step to determine if there are any other options available. The mediator attempts to make sure that all the needs of the parties are being met, and they also try to prevent the juvenile and parents from having to go to court. If the mediation does not work, the disagreements can then be taken to court.
The third alternative is for the minor to simply move out and be self-supportive. If this route is taken, the minor reaches the age of majority on their eighteenth birthday and can make their own decisions without parental interference. However, the minor must pay for everything on their own, so this option is not for everyone. The juvenile must get a job and have the finances to move out of the house and support themselves.
For any minor contemplating emancipation or the possible alternatives, there are pros and cons to each one of the above options. Each individual has special factors to consider, and there is no one size fits all solution. The goal is to ensure that the minor’s best interests are being met and that he or she will be safe, physically and emotionally. No one should rush into the emancipation process without knowing all their available options.
Resources and support for emancipated minors
Is emancipated minors eligible for additional resources and support systems? The law varies between states but the state of North Carolina advocates for the incorporation of various resources and support systems to ensure each child is provided with the opportunity to thrive. Additional advocacy in this area can help protect the human rights of young emancipated minors. Parents, guardians, youth groups and advocacy agencies may play an important role in helping young adults navigate their way through this complex system so it is advisable to provide information on resources and support from the outset. The local school district, counseling services and other community boards can often provide guidance to help newly emancipated minors with a set of immediate environments for success.
Below are examples of potential sources of assistance for emancipated minors:
State Resources: Department of Social Services (DSS) – Foster Care or AFC Youth Support. The DSS provides various services to youth transitioning into adulthood including education and financial assistance. There is an opportunity to apply for funds, such as rent payments and education costs, through the Children’s Services Act in Virginia and Garnett Place program in North Carolina. State – Department of Employment Services (DOES) – DOES examines the state with respect to employment. The agency provides career centers , employer services and trainings programs for at-risk youth. The focus is designed to equip youth with job readiness skills, resume creation and meeting with employers. DOES assists youth find employment in all career sectors. Federal Resources: National Independent Living Conference – The National Independent Living Conference provides multiple resources and tools for newly emancipated minors and Young Adults. The website provides suggestions for public service agencies, youth housing, labor and employment, rehabilitation sources and advocacy. Youth can also access information on budgeting and bank accounts at their local bank institution. The Department of Labor also provides statistics employment and labor trends that may be available to youth emancipated minors. Private Resources: Emancipation of Minors – North Carolina – 567-EXE, or by the North Carolina Guardianship Academy – Emancipation for Minors for contact information. Foster Care Transition Program – 919-733-3056 Social Security Administration – 800-772-1213 for general inquiries. The National Runaway Switchboard – 800-RUNAWAY provides a national youth helpline. Youth can seek assistance with finding shelter, healthcare and services specific to emancipated minors.
