17 Year Old Looking for Emancipation
My question involves emancipation laws for the State of: New York
My mother is an alcoholic, I live with her and my stepfather, while my dad lives in texas and he will not take me. Last night my mother called the police trying to remove me from the house and she has gotten physical. this is nothing new and her being drunk all the time and fighting with me is making my life miserable. What are my options?
I also have a job, but its minimum wage and not a lot of hours, but its something. I dont even know if emancipation is the route to go but my mother is on a fast train to a burning crash and shes trying to take me with her.
Re: 17 Year Old Looking for Emancipation
Your options are to leave the house on your 18th birthday.
New York does not have statutory provisions for the emancipation of minors - that means there is no option for you to petition the court for emancipation. Even if you could, you give no indication that you would be a candidate for such - you still live with your Mother, rather than on your own, supporting yourself 100%, and you make no mention of your full time job and wages from that.
Emancipation is not a "leave home early" card. It is meant for minors who, through no fault of their own, find themselves in a position to need to be able to enter into contracts. Think "Mom and Dad killed in a car wreck", not "Mom's a boozer."
Re: 17 Year Old Looking for Emancipation
What action, if any, did police take when called?
Until you are 18, your legal guardian is responsible for you. Mom could face criminal charges of child neglect if she just "tosses" you out of the home without making other arrangements for your support and care. Since NY doesn't have statutory support for emancipation, you can either (a) convince mom to ALLOW you to live elsewhere (a permission she can revoke at any time), or (b) if you are found to be in a state of neglect or abuse, police and/or social services can remove you from the home (and THEY will get to determine where you'll be placed, typically in foster care given that you'll be 18 in less than a year), or (c) convince dad to not only allow you to live with him, but to do so with a custody order.
Concentrate on keeping your grades up, and work as many hours as you can without your grades suffering - not only will it keep you out of the house, but it'll allow you to save like the devil so that the minute you turn that magic 18, you'll have a nest egg to help you get our on your own.