What does it mean to be emancipated?
The general term of emancipation refers to the status or process of being “set free” from legal, social, or political restrictions. In the family law realm, emancipation refers to being treated as “an adult” even if a person is still legally speaking “a minor.” Once a minor has been emancipated, they have the same responsibilities and legal rights as an adult, such as the right to contract, etc. Their previous “legal guardians” are relieved of all legal duties and responsibilities that they once had in relation to the emancipated person.
Who can be emancipated?
Under North Carolina law, a petition for emancipation can be filed by anyone who is 16 years or older and has resided in the same North Carolina county for at least 6 months. Whether or not a Court grants emancipation is based upon various factors that must ultimately show that the emancipation is in the petitioner’s best interests.
What is needed to file the Petition for Emancipation?
An eligible petitioner who wishes to be emancipated must provide extensive information with their petition. This information includes: The full name of the petitioner and the petitioner’s birth date, and state and county of birth; a certified copy of the petitioner’s birth certificate; the name and last known address of the parent, guardian, or custodian; the petitioner’s address and length of residence at that address; the petitioner’s reasons for requesting emancipation; and the petitioner’s plan for meeting their needs and living expenses. This plan may include a statement of employment and wages earned that is verified by the petitioner’s employer. See North Carolina General Statute §7B-3501. If the Court is about to treat a minor as an adult, the Court wants to ensure that the petitioner is willing and able to financially support themselves without the assistance of a parent or guardian.
What does the Court consider in an Emancipation hearing?
The Court wants to ensure that emancipation is in the best interest of the petitioner. For this reason, there are a multitude of considerations and issues the Court needs to consider in order to get the full picture of the petitioner’s situation. In particular, the Court wants to make sure that the emancipation proceeding is more than a child not liking their parents or having a distaste for an authority figure. The Court will look into whether or not the petitioner is capable of functioning as an adult in society. As such, the Court may involve the assistance of a psychiatrist, psychologist, physician, or other expert to evaluate the petitioner’s mental or physical condition. Another important factor is the quality of care that the guardian was giving the petitioner, the extent of family conflict or discord, and the petitioner’s need to contract as an adult or to marry.
In many real ways, emancipation is literally breaking down the traditional bonds of a family. However, the severing of such bonds may be crucial to protecting the petitioner’s well-being and furthering their best interests. Some notable emancipations by celebrities for such reasons include: Drew Barrymore, Macaulay Culkin, Courtney Love, Alicia Silverstone, and Rose McGowan.
At the end of the day, the emancipation process can literally restructure your family. For some families and individuals, this option may be a necessity. Whether you want to file the petition or fight against the emancipation of your child, this does not mean that you must go through this process alone. It can be difficult to understand the legalities of emancipation, and having a professional in your corner to help will make all the difference.
If you or somebody you know is navigating the emancipation process, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where Theresa’s legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Allyson R. Koop and Theresa E. Viera
