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Emancipation

Children are considered minors until they reach the age of 18, but in some cases a child can petition to be emancipated from parental or guardian control and be considered an adult before reaching the legal age. And while it is relatively rare for courts to grant emancipation, there are special reasons and circumstances where emancipation is necessary for the betterment of all parties.

If you or someone you know is considering emancipation and would like to speak to a legal professional about the process, contact the Raleigh family law attorneys of Marshall & Taylor PLLC, at 919-833-1040. This is a life-altering decision and you do not have to go through it alone.

Granting the Emancipation of a Minor

In order to petition for emancipation in the state of North Carolina, you must be at least 16-years-old and be residing in the state for at least six months prior to the petition. After the court considers many factors like the child’s ability to function as an adult or find employment and the suitability of the child’s parents, the court may grant emancipation if they find:

  • The petitioner has shown a reasonable and lawful plan for supporting his or her living needs
  • The petitioner is knowingly seeking emancipation and fully understands the consequences of his or her action
  • The emancipation is in the best interest of the petitioner

Either party can appeal the court’s decision to the Court of Appeals within 10 days of the decision if they wish.

Contact Us

Emancipation of a minor is a major decision and you should know all the facts before making the decision to petition. To discuss you legal options, contact the Raleigh family law attorneys of Marshall & Taylor PLLC, at 919-833-1040.