Is It Possible to Get Empancipated

My question involves juvenile law in the State of: New York

I am typing this for my girlfriend, not for me, so we can find out what we can do.

She is 16 years old, her birthday is at the end of the year so she will be 17 soon. Her whole life her parents have been abusive, and they were marked for child abuse in the past. She does have a younger sister and an older brother but they aren't too nice also. Her parents are very muslim and she is not, and she isn't able to tell them she isn't because she is afraid of the reaction, her father is abusive and has anger issues. She is very nice, she does good in school, but her family is rude and not nice. For the last 3 days she hasn't eaten anything because her father is not letting her eat, thinking she is fat. She is 5'3 and weighs around 80 pounds, she is skinny and she is not allowed to eat, when she was younger she was barely given any food so she physically is not able to gain weight. She really wants to leave the home, she is not allowed to go out herself or even have friends and she is sad almost all the time. We planned out our future and it would be great if she was able to move in with me and my family ( I am 17 and still live with my parents and stuff ) she would be happy here, she wouldn't be starving or abused or any of that, and she really wants to. If there's anything else I need to say, you can tell me in a reply but I want to know what we can do.

No, she cannot be emancipated and she cannot move in with you and your family. Not until she is 18.

NY does not have a statute for the emancipation of a minor. NY will, if the minor is already with the permission (express or explicit) of her parents living ON HER OWN (not with her boyfriend's family) and SUPPORTING HERSELF (not being supported by another family) occasionally recognize a minor as emancipation, but there is no statute by which she can go to court and come out emancipated. Nor will any state, even the ones who do have such statutes, emancipate a minor because they do not like the way their parents are treating them. Emancipation is not and never was intended to be a means for a minor to move out; it was and is intended to be a means by which a minor who is ALREADY living on their own for reasons beyond their control, can obtain legal protections.

If the "not being allowed to eat" story is actual fact and not teenage exaggeration of "he's not letting me eat what I want to eat and instead is making me eat what the rest of the family eats", she can call CPS. But rest assured, even if CPS finds it necessary to remove her from the home, she will NOT be emancipated and she will NOT be allowed to live with you/your parents. She will be placed with other relatives, in foster care, or in a group home, but she will NOT be living with you.

When she is 18, she can live anywhere she wants. Until then, she lives where her parents say she lives.

Why don't you take her out for lunch.:wallbang:

Is there any way she can move in with me then before 18? If my dad signs as legal guardian or something like that, anything at all?

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Quoting cbg

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No, she cannot be emancipated and she cannot move in with you and your family. Not until she is 18.

NY does not have a statute for the emancipation of a minor. NY will, if the minor is already with the permission (express or explicit) of her parents living ON HER OWN (not with her boyfriend's family) and SUPPORTING HERSELF (not being supported by another family) occasionally recognize a minor as emancipation, but there is no statute by which she can go to court and come out emancipated. Nor will any state, even the ones who do have such statutes, emancipate a minor because they do not like the way their parents are treating them. Emancipation is not and never was intended to be a means for a minor to move out; it was and is intended to be a means by which a minor who is ALREADY living on their own for reasons beyond their control, can obtain legal protections.

If the "not being allowed to eat" story is actual fact and not teenage exaggeration of "he's not letting me eat what I want to eat and instead is making me eat what the rest of the family eats", she can call CPS. But rest assured, even if CPS finds it necessary to remove her from the home, she will NOT be emancipated and she will NOT be allowed to live with you/your parents. She will be placed with other relatives, in foster care, or in a group home, but she will NOT be living with you.

When she is 18, she can live anywhere she wants. Until then, she lives where her parents say she lives.

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No. There is no way she can move in with you before she's 18. Not unless her parents say she can. There is FAR more to legal guardianship than your dad signing something. Her parents would have to consent, for example.

Once again, if the situation is really abusive and not just "I don't like the way my parents are treating me" then she can call CPS. If it's REALLY that bad, she'll take any means to get out. If she only wants out if she can leave the way she wants to and live at her boyfriend's house, then the situation can't really be that bad.

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Is there any way she can move in with me then before 18? If my dad signs as legal guardian or something like that, anything at all?

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What part of "Her parents can sue your parents for interfering with how they raise their daughter" were you unclear on? What makes you think your Dad has any standing to go to court to gain guardianship of your girlfriend, over the objections of her parents?

The answer, no matter how you phrase the question, is NO.

If she is being abused, CALL CPS.

Sorry that I didn't read every law book. Her parents aren't even raising her, they are trapping her in the house and mistreating her. If she does call CPS and gets taken out, she would not want to be thrown into a foster home or with some random group of strangers, which is why she hasn't called them

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Quoting LawResearcherMissy

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What part of "Her parents can sue your parents for interfering with how they raise their daughter" were you unclear on? What makes you think your Dad has any standing to go to court to gain guardianship of your girlfriend, over the objections of her parents?

The answer, no matter how you phrase the question, is NO.

If she is being abused, CALL CPS.

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The information you've received is all spot on, even if it's not what you wanted to hear.

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Quoting Roverrider

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Is there any way she can move in with me then before 18? If my dad signs as legal guardian or something like that, anything at all?

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Pregnancy will put weight on her fast. I guess that was the move in plan?

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Quoting Roverrider

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Is there any way she can move in with me then before 18? If my dad signs as legal guardian or something like that, anything at all?

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No.

She has two choices:

She can call CPS and risk being placed in foster care
She can stay where she is until she is 18 and not one minute earlier.

Under NO circumstances will she be emancipated. Under NO circumstances, barring permission from both her parents, will she be allowed to live with you.

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Sorry that I didn't read every law book.

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Aren't you adorbs? No one said anything about reading law books, the answers were given right in this thread. Pull your head out, kid.

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Her parents aren't even raising her, they are trapping her in the house and mistreating her. If she does call CPS and gets taken out, she would not want to be thrown into a foster home or with some random group of strangers, which is why she hasn't called them

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Horsepuckey. If things are as bad as you claim they are, she would have called CPS and gotten the hell out of there, even if she were going to be sent to the MOON. I'm a survivor of pretty brutal abuse - nearly died, in fact - and I did my damnedest to keep CPS involved and get me the hell out of there. Know why? Because living with strangers would have been FAR preferable to living in the circumstances I was in. As it happens, my grandparents stepped forward to keep me out of foster care, and that was its own brand of weirdness, but still.

If you ACTUALLY CARE about this girl, if she is really and truly being abused, CALL CPS.

If you don't call CPS, you're thinking with the wrong head, and she's better off without you.

I'll call CPS then. And when someone says rude things to me all it does is prove how awful of a person you are, it doesn't help anyone else.

And when you keep repeating the same question over and over again hoping to get a different answer, all it does is prove how childish a person you are; it doesn't help you or your girlfriend.

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Quoting cbg

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And when you keep repeating the same question over and over again hoping to get a different answer, all it does is prove how childish a person you are; it doesn't help you or your girlfriend.

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I first asked if she could get emancipated, the answer was no. I asked if there were anything in general that could be done, and it was no. I asked two things, and all of you are being extremely rude. If you are just going to yell at people, why can't you just not talk and have the people who won't insult people who are worried and have no where to ask these things.

Why don't you stop trying to ruin her life, just to acquire a bed buddy. If she was really in such a bad situation, she should call CS, the police or take some initiative to solve what she feels is an issue. The fact that you are doing it, makes it clear you are attempting to push her into becoming dependent on you.

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Quoting Roverrider

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I first asked if she could get emancipated, the answer was no. I asked if there were anything in general that could be done, and it was no. I asked two things, and all of you are being extremely rude. If you are just going to yell at people, why can't you just not talk and have the people who won't insult people who are worried and have no where to ask these things.

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Life is tough. Suck it up, Buttercup. You aren't owed special treatment.

Life can suck.

I had a mother who let all my friends and their friends come over to drink, smoke, and have sex. I couldn't even walk into my room without walking in on someone screwing on my bed. I asked my Grandparents if I could live with them, both my parents signed over custody.....

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Quoting Roverrider

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I first asked if she could get emancipated, the answer was no. I asked if there were anything in general that could be done, and it was no. I asked two things, and all of you are being extremely rude. If you are just going to yell at people, why can't you just not talk and have the people who won't insult people who are worried and have no where to ask these things.

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You *were* given an option, though. The option is to call CPS. If they find that she's in danger, they'll remove her. But that doesn't translate to they'll remove her and place her in your home. She'll either go into foster care or be placed with suitable relatives if any can be found.