Does a 16 yr old have to live with his parents?

UPDATED: Jul 4, 2009

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Does a 16 yr old have to live with his parents?

The parents are not married & the 16 yr old son does not want to live with either of them. The father has been in trouble with the law, the mother is difficult to get along with & not in a stable environment. The son has not been in any trouble with the law & wants to stay with an aunt or grandmother. The son is more mature than the parents. Does he have to go live with his mother who is currently living with a boyfriend/

Asked on July 4, 2009 under Criminal Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The juvenile can move to be emancipated pursuant to North Carolina law.  The state allows a minor to ask the court to determine that the minor is able to assume adult responsibilities before reaching the age of majority (18).  The term, "emancipation" refers to the point at which a minor becomes self-supporting, assumes adult responsibility for his or her welfare, and is no longer under the care of his or her parents.  Upon achieving emancipation, the minor thereby assumes the rights, privileges, and duties of adulthood before actually reaching the "age of majority".  At that point, the minor's parents are no longer responsible for that child and, also, have no claim to the minor's earnings.  During the court proceedings and before granting emancipation, the court considers, primarily, the best interests and level of maturity of the minor and confirms that the minor is able to financially support him or herself.

I've provided you with a link to the relevant statute:

Best of luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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