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  1. #1
    Join Date
    Jun 2007
    Posts
    7

    Default If I Get Emancipated in New York, Could I Move To Florida?

    I am a 16 year old female living in Florida. I live with my mother, and my father lives in New York. They are divorced and my mother has custody. Neither abuses me or drugs or anything like that. My mother wants to move to New York at the end of the month. I do not want to move. I do not currently have a job, but put in applications and I am trying to get one. I would have a place to stay here in Florida. My mother will not consent to my emancipation. I have read the emancipation laws for Florida, and the information posted in other New York emancipation threads regarding the fact that NY doesn't have laws about emancipation, but there are required elements. But, my question is this: If I move to NY, and get my father to consent to my emancipation, could I be recognized as emancipated, even if I move back to Florida? Thank you for your attention.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,624

    Default Re: 16 year old-New York Emancipation. Could I move to Florida?

    If you've read the other threads, you already know that the following are elements that are generally described as what a minor must establish to achieve emancipation in New York.
    • 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.

    Other than your age, you give no indication that you can satisfy any of those elements.

  3. #3
    Join Date
    Jun 2007
    Posts
    7

    Default Re: If I Get Emancipated in New York, Could I Move To Florida?

    I will be able to reside independently of my parents, I will be self supporting once I get a job (which I'm in the process of doing), I won't need foster care, and when I leave, I would be living beyond the custody and control of my parents. So then I'd be recognized as emancipated in New York, but what about if I left and went to Florida?

  4. #4
    panther10758 Guest

    Default Re: If I Get Emancipated in New York, Could I Move To Florida?

    Keep in mind that even thugh you may or may not be recognized as a emancipated minor in new Yor Landlards will likely be less than happy to rent to a minor

  5. #5
    Join Date
    Jun 2007
    Posts
    7

    Default Re: If I Get Emancipated in New York, Could I Move To Florida?

    I won't need to rent, if I move back to Florida, I have a couple different people that have offered to let me stay with them.

  6. #6
    panther10758 Guest

    Default Re: If I Get Emancipated in New York, Could I Move To Florida?

    Then you don't meet requirements for emancipation. Living with someone is not self supporting. Judges would also have concern if your frinds decides he wants you out. Where would you live?

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,820

    Default Re: If I Get Emancipated in New York, Could I Move To Florida?

    Your plans for the future are irrelevant. You have to be living independently and supporting yourself at the time the court hears your petition. You will not automatically be emancipated in New York even if you meet those elements - you will need a court order. Telling the court that your plan is to immediately quit your job and move across the country is very likely to result in the quick denial of your motion.

  8. #8
    Join Date
    Jun 2007
    Posts
    7

    Default Re: If I Get Emancipated in New York, Could I Move To Florida?

    What if i found a roommate and paid for part of the rent? Would they consider that self supporting?

    Also, if plans for the future are irrelevant, I wouldn't tell the court that I planned on quitting my job and moving.

    My main concern is whether my emancipation would be recognized in Florida, once I got it in NY.

  9. #9
    panther10758 Guest

    Default Re: If I Get Emancipated in New York, Could I Move To Florida?

    The court does not emancipate minors on "what ifs"

  10. #10
    Join Date
    Jun 2007
    Posts
    7

    Default Re: If I Get Emancipated in New York, Could I Move To Florida?

    I would not go to the court on a "what if." I am here to find out the what ifs so that I can settle them now so when I get to court I won't run into problems.

    What I mean is, when I went to the court, suppose I had a roommate then and was paying for part of the rent, would they then consider that self supporting?

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