17 Year Old Child Wants Emancipation

[momofteen]

My question involves juvenile law in the State of: New York

I have posted here a few times and so I'll try to sum it up quickly. My now 17 year old daughter had a child 3 weeks ago. Friday night her boyfriends mother came and got her and the baby and then she didn't come home. The state police brought her back home today but without her child. She wants to move out with her boyfriend and her mother and a lawyer supposedly told her she could become emancipated if she and him can show they are supporting themselves (minimum wage summer jobs start in June) they work at same place. Not full time for either, about 25 to 30 hours a week. They will be living with his mother and mother's boyfriend. We told her we will continue to keep bringing her home until she is 18.

ok my question is can she be emanicapted. I have talked to a lawyer and he said no and what I"ve read said no. I hate to pay for a second opinion but I guess I should. If she leaves again we will try and file a PINS petition. Again the lawyer suggested that but the trooper said they won't do it for a 17 year old.

Thanks for any help and advice.

[Dogmatique]

I'll go with "no" and not just because NY doesn't actually have a statute allowing for the emancipation of a minor.

That's not to say it can't happen, but each case is treated individually. However, a 17 year old with a child of her own is actually a clear sign that the 17 year old needs more and not less adult supervision. That's not going to convince a court that she's anywhere near mature enough to live outside of the home.

This is his Mom, and an mysterious attorney, saying this?

Ask them under what grounds they all think your daughter would qualify for emancipation. See what she says

[cbg]

The state of NY does not have a process by which a teen can go into court and come out emancipated. A teen who is living on her own and completely self-supporting can be deemed emancipated by the state, but she would have to ALREADY be living on her own and paying all her own support before that would happen.

Since she is under age, she does not get to move out without your say so.

[momofteen]

thank you, I will sleep a little better now. I sure miss my grand daughter though. I watched her being born and watched her almost every night for over 2 weeks and even the night before she left I had her all night on my chest sleeping (she was fussy and I thought my daughter needed the sleep). Was a shock to have her leave home. I was also a little shocked that she chose to leave the baby with the father. She thinks she can go back and not be brought home again I guess.