In North Carolina, emancipation is a legal proceeding whereby minors aged 16 or 17 are authorized to act and be treated as adults.
143. How can someone become emancipated?
To become emancipated, a juvenile must petition the District Court for an order of emancipation. The parent or guardian of a juvenile cannot file for emancipation. To file for the order, the petitioner provides a statement giving full name, birth date, city or county and state of birth, the name and address of the legal guardian, the reasons emancipation is desired, and a plan showing how the youth intends to provide for himself/herself. The petitioner must have resided in the same county in North Carolina or on a federal territory within North Carolina for the six months preceding the filing of the petition. The petition must be accompanied with a certified copy of the juvenile's birth certificate. After notice to the juvenile's parent or legal guardian, there is a hearing at which time the judge will determine if it is in the juvenile's best interest to be emancipated. If the judge so determines, the court will issue a decree of emancipation.
144. To determine if emancipation is in a juvenile's best interest, what factors are considered?
The court considers the juvenile's:
1) ability to function as an adult;
2) need to contract as an adult or to marry;
3) employment status and the stability of living arrangements; and
4) rejection of parental supervision and support and the quality of that supervision and support.
The court also considers the extent of family discord that might threaten reconciliation with the family, the quality of parental supervision or support, and the parent's need for the juvenile's earnings.
145. What are the legal effects of emancipation?
Once emancipated, the juvenile petitioner has the rights and responsibilities of an adult. He/she can contract, convey property, bring a lawsuit or be sued, and transact business. The petitioner's parents or guardians are no longer legally responsible to care for their child and have no further rights
regarding the youth except a right to inheritance upon the child's death if no will is left by the child that indicates otherwise. A decree of emancipation cannot be revoked; the effects are permanent. It is best that anyone seeking emancipation consult a lawyer to further discuss the process and
its ramifications.
146. What circumstances result in automatic emancipation?
Marriage or enlistment in the armed services of the United States automatically causes emancipation; however, parental consent is necessary for enlistment or marriage when the parties are under age 18.
147. What is required to obtain a marriage license?
Neither a physical nor a blood test is necessary to obtain a marriage license at this time.
148. Where may a prospective applicant obtain a marriage license?
In North Carolina, the prospective bride and groom must go in person at the same time to the Register of Deeds in the county in which they will be married.
149. Is there a fee for a marriage license?
The fee for a marriage license varies by county. Currently, the fee generally falls in the range of $40 to $50 and payment in cash may be required.
150. What information is necessary to secure a marriage license?
An applicant must provide a certified copy of their birth certificate as proof of age if 20 years old or younger. If the applicant has reached age 21, any identification with a name and birth date is acceptable, including a driver's license, a passport or a certified copy of a birth certificate. All applicants must provide a Social Security number and can document it with their Social Security card, a W-2, or a pay stub. Applicants who do not have any of this documentation can complete an affidavit provided by the Register of Deeds.
151. What are the age requirements for marriage in North Carolina?
It is necessary to be emancipated and provide a copy of the final decree of emancipation or age 18 or older to consent to marriage without the permission of a parent or guardian. At age 16 or 17, the consent of a parent or guardian is necessary. The parent or guardian must accompany the applicant to the Register of Deeds office, provide a driver's license to verify identity and sign a consent form. If the applicant's parents are divorced, the custodial parent must accompany the applicant. A male under age 16 may not legally marry unless emancipated. However, a female under age 16 may get married if she is:
� above age 12 and pregnant; or
� has a child and wishes to marry the child's father. In this case, the female still must have the written consent of a parent or guardian with whom she lives or the director of the Department of Social Services in her county, if she is in the custody of that department.