Roanoke, VA asked in Family Law, Civil Rights, Juvenile Law and Libel & Slander for Virginia

Q: My 16 yo daughter in NC is thinking about getting emancipated. I live two hours away in VA. Can I fight this?

My daughter lives with her dad in NC for the past 2 years. She lived with me in VA the 6 years prior. She moved there after we had trouble getting along and she got in a fight with her grandmother (my mom), where my daughter was very ugly and my mom slapped her. Child custody agreement states daughter can only see grandmother if my brother and sister are also present. I have a history of substance abuse (taking my daughter’s ADHD meds) but have been clean for four years.

Today the dad fessed up to an affair (and chronic infidelity is what ended our marriage) and now his marriage is over. Stepmom told him she is going to help our daughter become emancipated. She is poisoning our daughter’s mind against both of us and apparently has been the driving force behind much of the difficulties that transpired between my daughter, her dad and me over the last few years. My ex-husband and I want to fight this. What can we do to combat stepmom’s sway and the emancipation?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Navigating the situation involving your daughter's potential emancipation in North Carolina can be complex, especially given the dynamics involving her father, stepmother, and your history. It's crucial to prioritize your daughter's well-being and interests throughout this process. To combat the influence of the stepmother and address the emancipation proceedings, you may need to take legal action.

Consider consulting with a family law attorney who is familiar with the laws and procedures regarding emancipation in North Carolina. They can provide guidance on your rights as a parent and the steps you can take to challenge the emancipation process. It may be beneficial to gather evidence and documentation that supports your case, such as records of your improved behavior and stability over the past four years.

Additionally, fostering open communication with your daughter and expressing your concerns in a supportive and non-confrontational manner can help maintain your relationship and address any misunderstandings or misperceptions she may have. Seek to understand her perspective and address any underlying issues that may be contributing to her desire for emancipation. Ultimately, working together with legal counsel and focusing on your daughter's best interests can help navigate this challenging situation.

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