I'm 17, Live in New York and Want to Move Out

I'm 17 and live in NY. Three years ago my mother passed away from cancer and I had to moved in with her friend. Things were good there for a while until we began to argue. Me and her came to an agreement that I would move with a different one of my moms friends because it just wasn't working out. Her having three daughter and a husband always made me feel left out anyway. After moving I thought that it was going to get a lot better. For the first couple of months everything was fine just like last time. Then one day after coming home from my basketball game she was in a bad mood and took it out on me. We got into an argument and she began to start punching me in my face. After this she kicked me out and I had to go live with her brother. We didn't go through court or anything because she really didn't care and I had no clue what to do. Over the time of living with her brother he struggled a bit and she never offered us any help. She gets a check from my mother for about $1000. She never helped us with food or anything we needed help with. I lived with him for two months. After a while he went his own way and I went my own way. I was living house to house for another two months. Now she moved into a new house where she welcomes me back after not living with her for four months. As soon as I move back in she still has that attitude and won't help me. She has not scheduled a doctors or dentist appointment for me since I lived with her. She has been telling me " Oh your seventeen, do it yourself." And I somewhat I agree with her that I'm now getting older and I should be able to do things for myself. I even offered to get a job because she wouldn't give me any money or help. On occasion she would call me " A ****ing bum" because I did not have a job. She wouldn't schedule my doctors appointment for the longest time that I couldn't even get my physical to get my working papers. She won't even take me to get my permit which I need a parent or guardian there to get one. She has basically just collected that money for the four months I didn't live with her and now that I live with her I get no help. I am now a senior in high school. I don't even have a bed and I barley have any clothes besides from six outfits. She just the other day told me to leave her house again and this time I wouldn't because I have no where to go. I just want to know what I can do for my self right now being that I'm seventeen, my mother has passed away and my father was never in my life. I really want to live on my own and I have no problem getting a job. I'm only a few credits from graduating so I will definitely be graduating. I've never failed and I've never had bad grades.

I am asking this for a reason.

What are you looking for us to give you?

Your situation is slightly different from most, but NY law is also slightly different from most.

Are you looking for a law that will give you permission to move out? Options for employment? Resources?

I'm not being snarky - I'm going somewhere specific with this.

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Oh, and also - who has LEGAL custody of you?

It's fine I know what you mean. I basically want to move on my own. Right now both the ladies that I lived with have split custody. I've talked with the first lady I moved with and she has no problem with it and has offered to help me. I just need a point in the right direction and some information that might help me with my situation. I first want to know if this whole plan is even possible. I'm handling the problem with my employment right now. I have set up a doctors appointment and I'm setup to get my working papers. I will be working a moving place making anywhere from $200-300 a week.

NY does not have a statute that will emancipate a minor. However, if the minor is living on her own with the implied or express permission of her legal guardian, and is managing her own financial affairs, NY will acknowledge the minor as emancipated.

So if you have permission to live on your own and a means to support yourself, you should be fine.

Okay but because of the split custody, what if only one side agrees to me living on my own? This is where I get confused. You may take this wrong but wouldn't I still have that check to help me? I'm not going to use that as a way to say I can support myself because before I even go to court or even talk to my law guardian about this I want to have my job and already have talked to a landlord about the whole situation. I know of a few small apartments for $200-300 a month.

You can't count on that check. I'm not saying you WON'T get it because I don't know. But it isn't clear to me (or, I suspect, to you) exactly what that check is or whether it is transferable. There is nothing that guarantees that it's transferable to you. I certainly can't tell you that you WILL get it.

If one guardian agrees and the other doesn't, they'll need to decide it between the two of them. A court will NOT decide in your favor, so it is in your best interest to have them reach an agreement on their own.

As a side note, it appears you can obtain the SS payout directly if you are not living in her home. The issue I see is how long you will be receiving it. I believe it will stop upon your graduation next year.

Okay thank you guys. I appreciate all the help. I will take this into consideration after I get my job.