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

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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

Answers:

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

Answered 12 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:  http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_7B/Article_35.html

Best of luck.


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