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Emancipation in NYC
My question involves emancipation laws for the State of: New York
I am 15, I turn 16 I a few months and I am looking to emancipate myself....I can most of the necessary qualifications except that I have been in foster care for a few months but my parents take re-custody of me in order to emancipate me. Both my parents fully support me and are willing to help me in any way they can. But I read that if you were previously in foster care that you are unable to be recognized by the court. Is that true? Please help, thank you :D
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Re: Emancipation in NYC
Why are you in foster care and why do you believe your parents can simply reclaim custody of you?
You cannot become emancipated while in foster care. If you are no longer a ward of the state, it should not affect the situation but just because your parents have physical custody of you (if they should regain such) does not mean you are no longer a ward of the court.
The point of emancipation is that you do not need the assistance of your parents. Are you working? Earning enough to support yourself? Have you graduated school? How do you propose completing school if you haven't graduated already?
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Re: Emancipation in NYC
Talk to your case worker about whether they have a program to help mature youth transition into independent households as an alternative to either returning home or continued residence in foster care or a state facility, and if so whether you qualify for the program.
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Re: Emancipation in NYC
New York does not issue emancipation orders, so you can only be recognized by a court as emancipated as part of some OTHER court process (such as a parent challenging that they should have to pay child support for you). Having BEEN in foster care doesn't in and of itself automatically disqualify you, but you must be OUT of foster care when seeking emancipation.
The paths to emancipation in NY are:
(a) enter the military (which requires parental consent), or
(b) get married (which requires parental consent), or
(c) be 16, AND already be living independently from parents, AND out of foster care, AND be self supporting via your OWN money/earnings or get a court to order that your parents pay child support to YOU (you'll need an attorney for this).