Emancipation Between States

[Alicia Gardner]

I am a 16 year old who would like to find out how to be emancipated from one parent. I am ordered to live in NY with my father but want to live in Florida with my mother.How do I go about this with out another court fight over me. I will be 17 in December. Please I need to find this out before my visit is over here in Florida..

Sincerely Alicia Gardner

[aaron]

It is my understanding that New York does not have a law which provides for emancipation. (That is, unlike in most states, there is no mechanism by which a minor can go to court and formally petition to be declared an emancipated minor.) However, it is also my understanding that New York courts will recognize the status of an emancipated minor, assuming that the minor meets the essential elements of being emancipated.

Those required elements are:

• The minor must be aged 16 or older;
• The minor must reside independently of his or her parents;
• The minor must be self supporting (although public assistance or court-ordered child support payments made to the minor would not disqualify the minor from being recognized as emancipated);
• The minor must not be in need of or receipt of foster care; and
• The minor must be living beyond the custody and control of his or her parents.

[jk]

So you do realize based upon aaron's post that you do not fit the bill for emancipation, don't you?

It would be doubtful that you would be able to meet the requirements within any time frame you are concerned with as well. If you and your mother want you to be in Florida, about the only way to do it is for your mother to go to court and attempt to achieve custody of you. I don't know if NY considers the minors wishes in making these decisions but if they do, I would think that at 17, you would be old enough to have some input into the decision.

Other than that, if you refused to return to NY and your mother assisted you in your efforts, she could possibly be charged with contempt of court for not abiding by the current court order.

Sometimes in life we need to just accept where we are for the moment and look to the day we can change the situation. Without going to court, you are not going to achieve your goal until such time as you have control of your own person.