if someone were to file a petition for emancipation, would it make much of a difference in whther or not that someone was 16 or 17?
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if someone were to file a petition for emancipation, would it make much of a difference in whther or not that someone was 16 or 17?
It may, although it is ultimately up to the judge hearing the case.
Except that in NY, there are no actual statutes or legal procedures for legal emancipation of a minor. That said, NY does recognize emancipated minors...those minors being between the ages of 16/17. Recognition of emancipation is implied based upon facts of the situation.
Although there is no statute, New York apparently recognizes a common law path to emancipation. The following are elements that are generally described as what a minor must establish to achieve emancipation in New York.
- The minor must be aged 16 or older;
- The minor must reside independently of his or her parents;
- The minor must be self supporting (although public assistance or court-ordered child support payments made to the minor would not disqualify the minor from being recognized as emancipated);
- The minor must not be in need of or receipt of foster care; and
- The minor must be living beyond the custody and control of his or her parents.