New York Emancipation - Is My Case an Exception

My question involves emancipation laws for the State of: New York
Hi, I'm a 10th grade student who is having issues at home. I am being forced to move across the country and I have already stressed that for my emotional and physical well-being, this cannot happen. Many direct members of my family (including my mother, father, and aunt) have been diagnosed with bipolar disorder and severe depression, and I don't believe myself to be an exception, nor do they. I was on medication for a time, but then I stopped taking it because it felt wrong to me and didn't seem to help.

My father is addicted to crack-cocaine, and though he has been clean for three months, he has relapsed at least once a year for as long as I can remember. I've given up on any hope of long-term recovery, because his bipolar and dissociative identity disorder (DID) fuel his addiction. There have been domestic violence issues in the past which has definitely scarred me in ways I couldn't imagine, but there are none at the moment. After researching emotional abuse, I continue to believe that I live in an abusive household and have been alienated from my family due to their many bad choices that have affected my life. I can go into detail here if needed.

I want to stress that I have held a steady base of friends (most of them older than me) who have taken care of me more often than my family has, both physically (with food, shelter, and the like) and emotionally. I know having such a support system isn't uncommon, which is why I am absolutely terrified of life without them as a method to cope with my family. When I am unable to see them for long periods of time (such as if I am grounded for many weeks for an argument, or even for a weekend) I start thinking depressive thoughts which worsen by the day. As someone who has self-harmed and contemplated suicide in the past, this scares me. My friends inspire me to continue working on what I love to do and they are the ones who keep me focused on my goals in life (my art and music)-- not my parents. I have been told by many adults in my life who are not family members that I have great potential and that I could change the world, but I don't believe I could ever do anything about it with the people I love dearly by my side.

Obviously, I know it's very difficult to get help in my predicament if the only issues I have with moving are in my mind and I have not been diagnosed with any disease. I have researched emancipation laws in New York and I am aware of what they are, but my family will never give me permission to do so.I also go to a very prestigious private school on the upper east side, and the administration desperately wants to keep me here. The staff here believes in me greatly and believes that it is to my best benefit that I keep attending, though my first priority is to stay in the city. They have even discussed with me the idea of living with another student in the school so I could continue to attend, but my father would not and does not approve of the idea. If I am unable to attend this school, I will have to go to the local public school in California-- not only do I have no idea about what the conditions of this school are, but there isn't even a definite guarantee I will get a spot for next year. My father has not looked into schools for me. It is not of his concern. He just wants me to live with him, and doesn't feel like tearing me apart from what means most to me will affect me much. It's not that he doesn't sympathize-- but empathy is not his strong point. If I continue my education here, I could get into any college I would like. On top of that, my father cannot afford my college tuition, or at least, at the moment. It would maximize my chances of getting a scholarship so I can further my career in the arts and truly make a difference in the world, just like everyone has said I could.

I feel like if I move over there, my mental health will be impacted so greatly that I don't know if I could survive. Every time I visit my psychiatrist, I end up hysterical just thinking about it. I'm scared to live alone with my father without any support from the people who take care of me. I am sure I could make new friends, but that's not the point-- the point is that the people here are so loving and compassionate beyond belief, and I believe that no one (that I would find in my next two years of high school, at least) could understand me and guide me the way they do.

I know it sounds like I will get over my problems and that this isn't a huge issue for me, but I'm desperate. I feel like I would rather die than be without these people. I've had attachment problems from when I was a child, my mother having left me to move to Finland when I was about one or two. My aunt does not want to live with me, because we get along poorly-- it's very hard for two people with their own individual emotional and mental issues to remain in the same household together, though I will admit that I did not do much to help. I have been acting out as of late due to the stress of the situation, and I know this.

I have nowhere to turn to for a safe home without leaving the state, and the very idea gives me panic attacks. Emancipation sounds like an option once I can get and hold a job, which I believe I can-- I'm willing to work to stay here, in any way possible. However, I need to know a way I can escape until then. I'm willing to become a runaway, and I know that the people I stay with could get into serious trouble if this is the case-- is there any exception that would keep them safe so I could have a place to live as I get stabilized? Though I come from a privileged family, I have fended for myself for such a young age that I have confidence I can learn to support myself. Is there any options I have other than emancipation? Is a foster care an option if I can prove that my family is abusive? I do not want to hurt my family, but they have proven time and again that I know what is better than me better than they do. If there is a way to do this with minimal damage to family structure, I would like this...but at this point, I don't know if I could enroll myself in a public school without cheating the system in some way, so I would like to be aware of other options before I just run off and give up on the legal system altogether.

I will be turning sixteen July second, but I would like to prepare my case until then.


I apologize for the long post: I know the law is against me, but I'm wondering if my case could hold up in court.
All I want to do is be safe, happy, and still be able to attend school in new york.

"looking for a job" and "having friends that will support you" is not enough to grant emancipation. You're, what, 15 or 16 years old? And you "believe" you can get a job that will pay enough for you to support yourself without help? And continue going to school? When millions of experienced professionals with college degrees are looking for any menial work they can get? And you decided on your own to discontinue your meds? That right there tells me you aren't ready to be on your own.

Anyway, NY does not have an emancipation law as such.
http://minors.uslegal.com/emancipati...-of-minor-law/

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"looking for a job" and "having friends that will support you" is not enough to grant emancipation. You're, what, 15 or 16 years old? And you "believe" you can get a job that will pay enough for you to support yourself without help? And continue going to school? When millions of experienced professionals with college degrees are looking for any menial work they can get? And you decided on your own to discontinue your meds? That right there tells me you aren't ready to be on your own.

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I'm fully aware of what it sounds like. I've read other forum posts and they sound the same. I'm trying to find a job and a place to live now, but the problem is that I will be forced to move over the summer and it's very unlikely I'll be established. the laws in NY are a bit of a contradiction-- I have to prove im self-supporting, but in order to do that I have to become a runaway.
No, I am not on medication at the moment, but I stopped taking them about a year ago and have proved to the people around me that i can function without them.

I know someone who can get me a decent-paying job, my first priority is finishing this school year and then finding a place to live.
my family is abusive and if I end up in california, I'm scared for my own life. My dad is addicted to crack-cocaine and has beaten me in the past. If I lose the people I associate as my true family, life will have lost its meaning. If I had my way, they would take custody of me, because they are all 18 and older and responsible people, but I know that judges aren't going to be very sympathetic to allowing a sixteen year old move in with her friends.

My family has given me the bare minimum as of late-- I'm lucky enough to still be allowed to live in the house and eat food from the fridge and have 2.25 to get to school every day, but that's it. The majority of my money for transportation on the weekends and food outside of the house comes from singing in the subways for tips.
To keep things concise: I'm already supporting myself in a small way and I have enough resources to find a job. I know how to give a proper impression and am familiar with the interviewing process. I have skills that most people my age don't have, such as maturity, a good vocabulary, the ability to learn quickly, and think outside the box. (as someone who has spent several years self-analyzing and being analyzed by others, I know this.)

You're not listening. The state of New York does not have an emancipation statute, nor is there a court proceeding by which you may become legally emancipated.

And even if it did, the court does not grant exceptions on the basis of what might happen. As Patty said, there are degreed professionals with many years of experience who are having trouble finding jobs. No court would emancipate a teenager on the basis of the fact that they were looking for a job. It simply is not going to happen.

That is why I'm trying to find a job FIRST. I'm not looking to get emancipated before I get a job, I am fully aware that it doesn't work that way. I'm just looking for some kind of premise that would allow me to STAY here while I get stabilized.

I was hoping there was some kind of loophole or some other procedure that I hadn't found online that would allow me to get the rights that most would I agree I deserve.
I will not and cannot live in an abusive household, ESPECIALLY if I do not have the escape that I have now.

[EDIT]I want to add that the idea of emancipation was suggested by my psychiatrist. I'm not some spoiled brat wanting to divorce her parents without prior reason. I am also willing to consider other options, and I would love to hear them.

The fact that you even HAVE a psychiatrist would work against you. On the very, very, very rare occasions that emancipation is granted (and again, there is no procedure for emancipation in your state) it is not granted to minors with a history of mental or emotional instablity.

Unless one of these folk you are unable to live without is willing to go to court and apply for guardianship of you, AND your father agrees to allow it (or else is stripped of his rights by the court) I can't think of any other options for you.

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The fact that you even HAVE a psychiatrist would work against you.

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Additionally, your therapist may well have a firm grasp of psychiatric medicine, but s/he clearly has no grasp of NY law.

Emancipation - even in the states that offer it - is difficult to achieve. Unless your name is Macauley Culkin or Miley Cyrus, it's damned near impossible. The circumstances under which emancipation is granted are pretty extreme - generally, it's because you've suddenly been orphaned and need to be able to legally enter into contracts in order to keep your home.

Looking for loopholes is a fool's errand, and there are no "options" for you to "consider". If you're being abused, you call CPS. THAT is your option.

And you don't have to worry about your father "finding you a spot" in the local public school here in CA. If you live in the area, you go to school. There is no spot to be found. The school gets you a spot.

Easy peasy.

What exactly would/could CPS do in response to my situation? I don't want to bring up past issues for no reason, though I have heard that what he is doing now I could file under emotional abuse (read: history of abuse in the past + isolation from coping mechanism= abuse as well).
The reason why I mentioned my own personal "disorders" (undiagnosed or not, mental instability runs in the family and takes root in several different ways, as I mentioned in my first post) is because it shows that I could not handle the situation when taken out of this specific environment, giving me a reason to stay here. My father is 10x as unstable as me and this is proven, being an alcoholic, drug addict, having multiple personality disorder, bipolar disorder, etc. I have kept myself clean from drugs and alcohol for this very reason.

I want to emphasize that I care for my education and emotional well-being above all else. I don't want others to think that I'm doing this because I'm "upset i'm leaving my friends", etc. I understand in a normal situation this would be ridiculous, but I don't think I've punctuated enough that my situation isn't of the norm. I have spoken to many people who specialize in this type of situation, and they agree with me-- this is not of my own conclusion.

I want to say thanks to the people who HAVE responded to me respectfully, as well as thank the people who haven't-- now I am more aware how to position my argument when I speak to an attorney in a few days.