Emancipation in New York

Hi. My name is Rachel, I'm 16 years old and I live in New York with my dad. I'm trying to get emancipated. Here's my situation. I've never been in trouble with the law, but I have been to a psychiatric hospital about 4 months ago. I'm in 11th grade, but my attendence is for shit. I plan on graduating high school, but right now, things are so hard for me at home it's hard to get there. About 3 years ago, child protective services (CPS) took me away from my dad because of abuse and placed me in foster care. But about 7 months ago, I moved back with my dad. (my choice). Now things are starting to get worse and worse, and I need to get out of here. I know that you have to have a job and a place to live before you can be emancipated, and I'm working on it. A few of my friends and I are working on getting an apartment so we can pay the rent without dropping out of school. I need to know what else I have to do. How long do you have to have a job before you can be emancipated? And will my psych history and attendence in school be a problem? Is there anything else I need to do in order to become emancipated? Thanks.

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.

You don't qualify as you live with a parent, and as you are not capable of self-support. A court would also likely consider your truancy and mental health as factors weighing against emancipation. If you can't be bothered to show up for school, why would the judge believe you can hold a job?