INSTRUCTIONS: PETITION FOR EMANCIPATION (JD-JM-90 Rev. 7-11)

The JD-JM-90 form is used when a juvenile wants emancipation from his or her parents or legal guardians.  Once completed, the form is submitted to your local clerk and then submitted to the Superior Court of Juvenile Matters.  The steps listed below explain how to fill out the petition.

“Petition for Emancipation JD-JM-90 Rev. 7-11 Step 1”

Provide your full name, current address, sex, age, and date of birth.  Provide the address of the court as well, and the clerk will be able to provide you with the telephone number and docket number.

“Petition for Emancipation JD-JM-90 Rev. 7-11 Step 2”

In the next section, check your status as the petitioner, and check the status of the respondent as well.  Also, provide the name, relationship status, and legal residence of the parent or guardian. 

“Petition for Emancipation JD-JM-90 Rev. 7-11 Step 3”

Check the box that indicates why the petitioner is requesting why the minor should be emancipated.  You have the following options:

· The minor is or was in a valid marriage

· The minor is on active duty in the armed forces

· The minor is living apart from their parents or guardian with or without consent, and the minor is responsible for their own finances

· It’s in the best interests of the minor, parents, or guardian to seek emancipation

“Petition for Emancipation JD-JM-90 Rev. 7-11 Step 4”

Sign the bottom of the first page and have the judge, clerk, or notary date and sign the form as well.

“Petition for Emancipation JD-JM-90 Rev. 7-11 Step 5”

The court will provide a date, time and location of the hearing.  The second sheet of the petition will also state when the service of notice was performed or when the service needs performed by.  The judge or clerk will sign and date the second page of the petition.

“Petition for Emancipation JD-JM-90 Rev. 7-11 Step 6”

The third page of the petition is for the Return of Service.  A person 18 or older must either physically hand over the notice to the legal guardians or minor or leave the form at the listed residence.  The petition, order, and summons need handed over. 

If delivered by mail, the officer must state where it was delivered and if it was delivered by restrict delivery, first class, or certified mail. 

INSTRUCTIONS: JUVENILE PETITION FOR EMANCIPATION (AOC-J-900M)

According to §7B-3504 of the North Carolina Statutes, the court will consider the following factors when a minor 16 years or older is seeking emancipation:

· parental need for the earnings of the petitioner

· petitioner’s ability to function as adult

· petitioner’s need to contract as adult or marry

· employment status of the petitioner and their living arrangements

· events in the family that may threaten reconciliation between family and petitioner

· petitioner’s rejection of supervision or support

· overall quality of supervision or support

“Juvenile Petition for Emancipation AOC-J-900M Step 1”

In the heading of the form, you need to provide the county where your parents or guardian preside, as well as your full legal name, date of birth, age, social security number, and place of birth.  The Clerk of Court will provide you with a file number.

“Juvenile Petition for Emancipation AOC-J-900M Step 2”

Section 1 of the form requires the petitioner to attach a copy of your birth certificate.  The copy must be a certified copy and not a photocopy.

“Juvenile Petition for Emancipation AOC-J-900M Step 3”

Section 2 requires the petitioner to list the names and address of both of their parents or their guardian or custodian.  If you cannot locate a parent, you need to specify that you tried to reach the parent but could not.

“Juvenile Petition for Emancipation AOC-J-900M Step 4”

Section 3 requires the petitioner to state their current address and how long they have lived as the residence.

“Juvenile Petition for Emancipation AOC-J-900M Step 5”

Section 4 requires the petitioner to list the reasons they are seeking emancipation.  If you need more room, you can attach another document and state “See attached copy” at the bottom of section 4.

“Juvenile Petition for Emancipation AOC-J-900M Step 6”

Section 5 requires the petitioner to state how they are going to meet their own needs and living expenses.  The form suggests that the petitioner attach a statement from their employer stating the total amount of wages earned.

“Juvenile Petition for Emancipation AOC-J-900M Step 7”

Sign and date the proper section under the “Verification” section.  Print your name below your signature.  The form must be signed in front of Notary Public. 

Note: According to §7B-3503 of the statues, the court may require the juvenile to be examined by a psychiatrist or other expert.