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New York Emancipation Questions

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  • 12-04-2005, 09:17 PM
    hiiloverain
    New York Emancipation Questions
    i turn 16 in February. I plan to be moving out with my boyfriend around August of 2006, before my last year in highschool. (due to my plans of emancipation, i have worked to graduate as a junior.) i have a job and an account with money that i am saving to move out. I have many questions still, even after reading as much as i could.
    1. will the fact that i will be under 17 (the age of consent) and that my boyfriend will be 20 affect my chances of being considered emancipated?
    2. when i leave, can i claim the belongings that i own, because my mother has threatened that i cannot take a thing as she paid for a good deal of it?
    3. is it possible for my mother to harrass me at my place of stay? is it in the law that she must not try to come and take me back? would i need to get a restraining order to keep her away? are there any other alternatives? because i do not want to have to legally force my mother away from me.
    4. i have learned that it is best i get a laywer, is this something imust pay for? or could one be appointed to me?
    5. when i actually leave, must i be considered emancipated before? or can i just leave? and also, can my mother follow me, call the police, or take any other extreme measures to get me back, or would she need to go through courts?


    thanks for any help.

    sincerely,
    meredith.
  • 12-04-2005, 11:49 PM
    Mr. Knowitall
    Re: Emancipation Questions (NY)
    Quote:

    Quoting hiiloverain
    1. will the fact that i will be under 17 (the age of consent) and that my boyfriend will be 20 affect my chances of being considered emancipated?

    Possibly.

    Quote:

    Quoting hiiloverain
    2. when i leave, can i claim the belongings that i own, because my mother has threatened that i cannot take a thing as she paid for a good deal of it?

    You can take your own personal property. There may be questions of what is yours versus what is owned by the family.

    Quote:

    Quoting hiiloverain
    3. is it possible for my mother to harrass me at my place of stay? is it in the law that she must not try to come and take me back? would i need to get a restraining order to keep her away? are there any other alternatives? because i do not want to have to legally force my mother away from me.

    She can do whatever she wants within the confines of the law. If she pushes things too far, you can decide if you need to take legal measures.

    Quote:

    Quoting hiiloverain
    4. i have learned that it is best i get a laywer, is this something imust pay for? or could one be appointed to me?

    If you want a lawyer, you should expect that you will have to pay for your lawyer.

    Quote:

    Quoting hiiloverain
    5. when i actually leave, must i be considered emancipated before? or can i just leave? and also, can my mother follow me, call the police, or take any other extreme measures to get me back, or would she need to go through courts?

    If you leave before you are emancipated, and don't have parental permission, you are a runaway.
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