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  1. #1

    Default Emancipation in New York

    Well in the middle of the night last night our 17 yr old son decided to go through his window and run away from home. He claims he isn't happy here. Mom won't let his underage friends bring alcohol into the house, he has to do the dishes every other night, you know the stuff that makes you "bad" parents to a self centered, disrespectful teen.

    Anyway my question. We aren't going to tolerate this behavior.We have an older daughter that put us through sheer hell for 14 years. been there done that! Although he is welcome at home, he is choosing to live with his friend and his friends parents. And is refusing to come back home. We however are choosing to hold on to all of his belongings until he emacipates himself. We refuse to be held responsible him if he is not in our care. How do we go about this? Or rather, how does he go about it? We have chosen to force him to act like the adult he claims he is.

    Thanks
    a worried, hurt and PO'd mom

  2. #2
    Join Date
    Sep 2005
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    Default Re: Emancipation in NY

    As is indicated in a number of threads, although New York does not have a formal emancipation statute, it appears that New York courts will recognize the status of an emancipated minor who meets the following 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.

  3. #3

    Default Re: Emancipation in New York

    why would you go through all that legal stuff when in a year he'll legally be an adult anyway? It seems like a waste.

  4. #4
    Join Date
    Aug 2006
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    1

    Default Re: Emancipation in New York

    Quote Quoting Princesshearts
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    why would you go through all that legal stuff when in a year he'll legally be an adult anyway? It seems like a waste.
    I'm not certain, but it may also separate him financially from the parents since he has to include his parent's income and assets until 21 (22nd birthday?). This could disqualify his eligibility for grants, scholarships and the like.

    If he wants to be independent, he can't be truly financially independent until 21 or 22nd birthday.

  5. #5
    Join Date
    Jul 2006
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    2,652

    Default Re: Emancipation in New York

    Quote Quoting NYCFalcon
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    I'm not certain, but perhaps it separates them financially from the parents since they have to include their parent's income and assets until 21 (22nd birthday?). This could disqualify a them eligibility for grants, scholarships and the like.
    http://www.expertlaw.com/forums/showthread.php?t=12939

  6. #6
    Join Date
    Aug 2009
    Posts
    1

    Default Re: Emancipation in New York

    Ok so... I just turned 16 in april and my parents think im totally irresponsible. Like i do good in school and i dont do drugs or drink. I hang out with his one girl and yeah we hang out with friends alot but its not like were doing anything bad. Whenever i come home they accuse me and say ive been getting drunk and high. They ground me all the time if i do the littlest things. And recently i was at my friends house and my dad called and accused me of not even being there! its completely rediculous so im about to go out and find a job and my frieds mother is ok with me moving in with them, which is literally a 3 minute drive from my house. Would emancipation work for this? Im tired of being treated like a bad kid.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,928

    Default Re: Emancipation in New York

    Not even close.

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