West End, NC asked in Family Law for North Carolina

Q: Will I be able to get emancipated? Do I have any other options on what I can do?

I live with my mom and we have a toxic relationship. It’s gotten to the point now that she’s trying to put me in a group home. I’ve talked about getting emancipated and looked into everything. This past week she tried to get me involuntary committed but it didn’t work because the doctor felt like there was no need and that she has behavioral problems and not me. I’ve tried talking to her about how i’ve felt and everything but if she doesn’t agree with what i say then she doesn’t care. I was wondering if I could get emancipated due to how bad it is now? I have made mistakes but they constantly get thrown in my face or used against me any chance she gets. She asked me if i would do family counseling and I said Yes. But i found out last week that she had already spoken to DSS about me even though she was asking me to do family counseling. I don’t know what to do at this point and I’m not sure what I can do.

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2 Lawyer Answers
Melissa Averett
Melissa Averett
Answered
  • Chapel Hill, NC
  • Licensed in North Carolina

A: To file for emancipation you have to show the court that you were employed with a high enough wage be self-supporting (or have a trust fund), and that you have a place to live. In other words you have to show the court that you're not going to need public assistance and you're not going to need your parents to pay for anything. If you've met that threshold then you need to talk to an attorney.

Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: You do what most every other teenager has done since time immemorial - keep your head down, your mouth shut and your nose clean (figuratively speaking) and respectively muddle through til you are 18 and then you can do whatever you want. If you want to go the emancipation route, you have to prove to a Judge that you are the equivalent of a mature self sustaining adult - something you very likely are not able to do (nor likely will be at 18 either).

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