can a 17 year old move out if conditions are not good and they are in stable environment now, different than with the parent?: 17 years old, parents gave her consent to leave home but they keep changing their mind about giving permission or not, now the girl is stable in the new place she is in and working at her job, oh, she would not be stable if she stayed with her parents..what should she do?
Mark's answer: File an action to emancipate yourself under N.C. Gen. Stat. 7B-3500. Considerations for emancipation include: (1) The parental need for the earnings of the petitioner; (2) The petitioner's ability to function as an adult; (3) The petitioner's need to contract as an adult or to marry; (4) The employment status of the petitioner and the stability of the petitioner's living arrangements; (5) The extent of family discord which may threaten reconciliation of the petitioner with the petitioner's family; (6) The petitioner's rejection of parental supervision or support; and (7) The quality of parental supervision or support. (1979, c. 815, s. 1; 1998‑202, s. 6.) If you are successful, you will be a legal "adult" and not subject to your parents' authority. Under a new change to the Higher Education Act, you might also qualify for more federal financial aid for college as you should be treated as an independent student. You should get an attorney to help you with this if you can afford it. It is not a simple process! Best wishes, ~Mark Disclaimer: Information posted for educational / informational purposes only. No attorney client relationship created through the use of this web site. Information pertains to the State of North Carolina only. See our website, www.RiceFamilyLaw.com for more information.
Can parents request the termination of parental rights or is there a place where the child can live until 18?: 17 yr old is abusive - doesn't follow any house rules, uses inappropriate lang, has threatened to harm mother, steals from parents.
Mark's answer: You can file a juvenile petition alleging the child is "undisciplined" - See the link to the form below. The child will get a court appointed attorney. You should consider having an attorney. You should also talk to the school social worker and/or DSS and consider their suggestions. This is not an easy process but it would give you additional resources to help the child that you may not currently have, including counseling. Disclaimer: Information posted for educational / informational purposes only. No attorney client relationship created through the use of this web site. Information pertains to the State of North Carolina only. See our website, www.RiceFamilyLaw.com for more information.
What legal rights does my childrens' father currently have?: We were never married and have 2 children. We live in North Carolina and he moved out. He is on the birth certificate and they carry his last name. My daughet was born here in NC but my son was born in NE.
Mark's answer: He has the right to sue you for custody. Until then, you each have a legal right to possess your children. Most attorneys will recommend you file a Complaint for custody against him before starting visitation to reduce the risk of parental kidnapping. We offer a service to prepare Complaints so that you can handle your own custody case. This is called unbundled services. However, if the facts of your case are complex or simply if you can afford an attorney, it is always better to be represented and have full service. If you have not established a child support order, the Child Support Enforcement Program will help you for free (or $25 ). This will help you provide for your children. Disclaimer: Information posted for educational / informational purposes only. No attorney client relationship created through the use of this web site. Information pertains to the State of North Carolina only. See our website, www.RiceFamilyLaw.com for more information.