Emancipation in NC/SC - Also run-away question

[Stepfather]

Relevant states: North Carolina and South Carolina

My step-son, now 16, who lived with me until his mother died 2 years ago was forced to go live with his father. That lasted for a few months until his father punched him. When the police/DSS were called, they said there were no marks on him, to get back in the house. His father then shipped him away to some secure facility (supposedly a therapeutic boarding school) where we (myself and his brothers) have no means of communication with him.

His father's attempts to sue me for money to pay for the internment of my step-son have failed and I expect them to be fully dismissed very soon. Once his father realizes that my step-son is not only not a source of income for him, but also a liability, I believe he will pull him out of this "special school".

In the last two years his father has moved to NC. I am concerned because it appears that my step-son will not be free until he is 18 in NC. Since he has never actually lived at his father's address in NC, can I file for emancipation of my step-son in SC? If not, can I file on his behalf in NC? If I cannot file on his behalf in either state, I'm sure he would file for himself if given the ooportunity.

I'm also very concerned that if/when he does get released from this "special school" that he will run away rather than stay with his father. What would happen to him in NC if he runs away at 16? How would I go about finding him if/when the state finds him? I'm pretty sure he would refuse to stay with his father once he does get released from that "special school".

His father voluntarily letting him come back to live with me is not going to happen. He is completely unreasonable and apparently unconcerned with what is best for my step-son.

Thanks in advance and any suggestions / advice maay also be sent to [email protected] if one would rather not post in the open.

 

[Wolflmg]

You should see if you can file for custody, in some cases the courts will listen to what the child/teen has to say. Also if you have great concerns about him call CPS, and they can look into the situation for you.

As for emancipation, your stepson would have to be able support himself 100%, meaning nobody could help him in anyway. He would have to have a full time job and pay for rent of an apartment on his own, and that includes everything else. He would also need the concent of his father or guardians, so if you have any kind guardianship over him, he would need your concent aswell. And if he is unable to support himself, the court will return guardianship back over to his father.

So probably the best way to help him, would be for you to try to get custody of him. I know of one situation, where a mother died and her son, had a choice to either live with his step dad or real dad and he chose to live with his step father. And would go and see his other dad about every other week or so.

 

[Stepfather]

I have discussed the subject of custody with several lawyers. The answer has always been that I have basically zero rights (even though I raised him from 6 months old) and that his father would have to be proven totally and completely unfit before I could get custody from him. He is a worthless sack of **** and a waste of what little neural ativity he has, but to my knowledge he has not performed sufficiently vile acts that were sufficiently visible to be deemed totally unfit by a court of law. Any reasonable person would easily make that determination, but judged by the technical aspects of the law, he squeaks by.

What little I have read of NC law did not mention that his father had to consent. That would negate the usefulness of the process in this classification of cases. Even in AK, where I did see that parental consent was required, the court could waive that requirement if the parent was being unreasonable (or something to that effect).

I know of one situation, where a mother died and her son, had a choice to either live with his step dad or real dad and he chose to live with his step father. And would go and see his other dad about every other week or so.

I tried to work out a reasonable arrangement, but the only way he would have had a choice in the matter would have been if his father were to have granted it to him.

Thank you for your suggestions! Sadly, I've already tried those avenues, though.

 

[Wolflmg]

I have discussed the subject of custody with several lawyers. The answer has always been that I have basically zero rights (even though I raised him from 6 months old) and that his father would have to be proven totally and completely unfit before I could get custody from him. He is a worthless sack of **** and a waste of what little neural ativity he has, but to my knowledge he has not performed sufficiently vile acts that were sufficiently visible to be deemed totally unfit by a court of law. Any reasonable person would easily make that determination, but judged by the technical aspects of the law, he squeaks by.

What little I have read of NC law did not mention that his father had to consent. That would negate the usefulness of the process in this classification of cases. Even in AK, where I did see that parental consent was required, the court could waive that requirement if the parent was being unreasonable (or something to that effect).



I tried to work out a reasonable arrangement, but the only way he would have had a choice in the matter would have been if his father were to have granted it to him.

Thank you for your suggestions! Sadly, I've already tried those avenues, though.

Maybe try child services, perhaps the will be able to help you. Most of them are intersited in what is in the intrest of the child. I hope that everything is able to work out for your step-son.

 

[stealth2]

Thing is - you are legally a stranger. You simply have no rights whatsoever. A better bet might be for you to contact the kid's maternal grandparents to see if they'd be willing to step in.