When am I technically of age to move out of my parents home? I live in ND. I know legal age is 18. But I have heard if your still 17 and graduated from high school your of legal age, Is this the same if im 17 (18 in october) and I have a GED? And also a full time job.
Employment / Labor Attorney
I don't know the answer to your question-- you really need to speak to a lawyer in North Dakota. According to this online source http://www.bostoncoop.net/lcd/emancipation/emancipation_chart.html (which I do not vouch for)
(11) North Dakota has neither a statutory emancipation scheme, nor a history of common law on emancipation. This may be because under Title 14, Chapter 10, minors are often afforded the rights and protections of adults despite their lack of majority (e.g., N.D. Cent. Code § 14-10-03 (2001), civil liability for wrong done; N.D. Cent. Code § 14-10-10 (2001), power to contract; N.D. Cent. Code § 14-10-17.1 (2001), receipt of emergency examination, care, or treatment in a life threatening situation).
I have no idea whether this accurately reflects current ND law.
I suggest calling ND Legal Aid to see if they can help you find an answer or steer you to someone who can help you. (contact info here: http://www.legalassist.org/)
Answers to questions are meant to be general only, are not intended to be legal advice and do not create an attorney-client relationship. Answers to questions are based on NY law, and the laws of other states may create different rights and obligations.
Family Law Attorney
I'm sorry you haven't received an answer from a local attorney yet, but you still may. I agree with Attorney Knauth that there does not appear to be a clear cut statutory procedure in ND for emancipation of minors. This is also true in NY, and in some other states. Nevertheless, whether it is spelled out in a statute or determined case-by-case upon the circumstances, the two most significant factors considered when deciding whether a minor is emancipated are: age and ability to self-support. Most states do not consider emancipation before age 16, and 17 is a common threshold. Some states will consider a minor to be "self-supporting" if they are able to meet their basic needs with some help from public assistance or other sources; however, others mean self-supporting in a more literal sense, i.e. through earned income. Of course, there are other factors to be considered on a state-by-state basis but age and income are the two major ones. It seems from the information you've provided above that you would have a good chance of being deemed emancipated, but only a ND attorney can tell you for sure. A telephone consult may be all you need, but you should be prepared to pay the attorney for their time whether it is an in-office consult or over the phone. You may be able to get a free consult but you shouldn't take that for granted. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!
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