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  1. #1
    Join Date
    Aug 2005
    Location
    New York
    Posts
    1

    Default Emancipation in New York at 16

    im 16 soon to be 17 and i want to emancipate myself from my parents. I want to go on and live with a friend so i can get out of the house and attend a school that i will no longer be able to. It seems though that i cant find any laws in NY about emancipation . I really need help. I mean i want out of the house because my mom and her bf are alcoholics, always fighting with eachother and definitely me. I have been told many times that they wanted me out but i need to know how to emancipate myself so i wont have to go back..any one help

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,653

    Default New York Emancipation Law

    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.

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