Choices Similar to Emancipation in New York

I'm sorry, but I feel for you all to give me the best advice you must be well aware of my current situation and so I've written a bit of a novel for you all. My thanks to anyone who reads this all and responds.

I've come to the understanding that for me, as a sixteen year old, legal emancipation is not likely in the state of New York City. If it is of any relevance I will be 17 on September 17th.

Apparently, my father will not allow me to get a job until my average is 90 or better, but quite frankly I'm ready to get out now. I do not have a job and my access to required information for working papers is withheld from me, such as my social security number. I cannot support myself on my own, and I do not wish to. I simply wish to no longer live in this environment which seems very certain to drive me insane. So yes, I understand emancipation is out of the question.

As of last night I have been granted permission to leave by my mother, given permission to take all the belongings she has purchased me, and told that she wishes me the best of luck. My initial family problem is with my father, who most recently slammed my head into a refrigerator. Before that, the physical abuse was things such as smacking me hard enough to send me flying, or to 'crack' my neck, or pinching me and other random things. One time long ago, he attempted to push me out of the first floor window of his bedroom after knocking my head against the dresser there.

Also there is mental and emotional abuse, where as an African-American who fancies several genres of music, none of which being hip hop or rap, I am referred to as 'Cracker' and other stupid names; or are proclaimed useless after perhaps washing four peoples clothes including my own and washing dishes. He claims that I feel I own the place, where as I attempt to control everyone in the house as I control my boyfriend, who my father constantly calls 'faggot' and comments that he has no backbone. Otherwise my boyfriend receives more attention than I do as of late, whereas my father ignores me but says hello to my boyfriend and asks him what he wants to eat for dinner.

In elementary school, one of my father's punishments was to put me in the corner of the hot kitchen with my arms held out and one or two phone books placed upon my fragile arms. Every time I would lower the book form the 90 degree angle of my body, he would swoop down and strike me. When I went to school the next day I couldn't write anything at all due to soreness and when a classmate ran into my arm I cried out in pain. My teacher had my parents brought up after I told her why my arms hurt. It was a meeting between my parents, my teacher, the school principal, the guidance counselor, and myself. After that incident, at home, my father took me by the collar and uttered with alcohol tinged breath that he would kill me before allowing cops to take him away. So I wish not to bring the police into this, because of that long ago threat, and the fact my mother and sister feel I am overreacting and feel just fine living with what I perceive to be a monster.

It has gone so far as my mother and sister are angry with me for disrupting the peace in the house and not talking to my father after the fridge incident three weeks ago, and I feel I am the outcast and am on the road for more emotional distress as the blame is heaped on me, the victim. They tell me that my father is saddened by my lack of prescense seeing as how I stay out as late as I can, wash the dishes and sleep right after, but I feel this is of very little importance of me. When I approached my mother on what she would do about my fathers behavior she said "What do you want me to do? Leave him just because the two of you are fighting?"

I've run away once in the summer, though I was also granted permission then, but they demanded that I return home and threatened to get the father of the friend I was living with in trouble. I understand very well that they are allowed to do this until I turn 18, in about a year and two months. With permission 're-granted' I would like to know if there are any laws I should be made aware of and any legal processes I can go through instead of recklessly staying at friends' houses. I know many people tend to say tough it up until you are of legal age, but a lot can happen in a year, in a month, in a day, or even an hour. So, please, understand, and please, help me.

Without a job emacnipation is not an option if your state has a statute. However if there is abuse in the home a CPS report should be filed. CPS are the ones to best deal with your situation

Posted by site admin on 12/01/05

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It is my understanding that New York does not have a law which provides for emancipation. (That is, unlike in most states, there is no mechanism by which a minor can go to court and formally petition to be declared an emancipated minor.) However, it is also my understanding that New York courts will recognize the status of an emancipated minor, assuming that the minor meets the essential elements of being emancipated.

Those required elements are:

* 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.

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