Emancipation of a 17-Year-Old

[YoungCourtClerk]

Just A General Question, Is it even Possible?

[YoungCourtClerk]

Can I be Emancipated? I am under the oppression that means taking custody of yourself. IS that true? and how? Thanks.

[aaron]

Although there is no statute, New York apparently recognizes a common law path to emancipation. 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.

[YoungCourtClerk]

Thank you for replying, but I have just one issue, How can I reside by myself if I am not emancipated?

If I tried moving out, isn't that illegal? Wouldnt' I be then become a run away?

[panther10758]

You may live outside of your parent or guardians home with their permission

[cbg]

I'll repeat what I said in another thread earlier today.

The emancipation laws are not, and never were, designed to allow teens to leave the house.

They were and are primarily for the purpose of providing legal protections to those teens who, through no fault of their own, found themselves homeless or otherwise on their own.

Emancipation is hard. It's supposed to be hard. It was designed to be hard. The vast majority of teens who apply for emancipation will fail.

[aaron]

You may live outside of your parent or guardians home with their permission

Which can be express or implied (i.e., a minor moves out without actual consent, but the parents do not act.)