Leaving Home Before Eighteen
G.S. 7B-3500 — 16 or older, six months in the county, and a decree that cannot be undone
In North Carolina, a juvenile 16 years of age or older who has lived in the same county in the state for six months next preceding the filing of the petition may petition the court in that county for a judicial decree of emancipation.
What the court weighs. In deciding the petitioner's best interests and the need for emancipation, the court reviews the following.
- The parents' need for the petitioner's earnings.
- The petitioner's ability to function as an adult, and need to contract as an adult or to marry.
- The petitioner's employment and the stability of the living arrangements.
- Family discord that may threaten reconciliation, the petitioner's rejection of parental supervision or support, and the quality of that supervision or support.
Irrevocable. As of the final decree, the petitioner can make contracts and conveyances, sue and be sued, and transact business as an adult, and the parent, guardian or custodian is relieved of all legal duties and obligations to the petitioner and divested of all rights. The decree is irrevocable.
What does not change. The decree does not alter the petitioner's right to inherit property by intestate succession.
| The assumption | What the law actually does |
|---|---|
| The assumptionEmancipation can be undone if it does not work out | What the law actually doesThe decree is irrevocable |
| The assumptionA minor can file in any county | What the law actually doesThe juvenile files where the juvenile has lived for the six months before filing |
Running away, a parent's custody rights and the rules for minors in foster care are not all on this page. Whether a particular minor qualifies is a question for a licensed North Carolina attorney.
Sources for this section (3)
- G.S. 7B-3500 — Who may petition
- G.S. 7B-3504 — Considerations for emancipation
- G.S. 7B-3507 — Legal effect of final decree
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.