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Emancipation Help For A Teenager

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  • 12-11-2005, 03:29 PM
    jboliver4
    Emancipation Help For A Teenager
    I have searched and searched and I am 16 now (december) and will be 17 February 27th. I currently live with my mom and step father. My birth father lives in Delaware and pays about $50 a week in child support. I know that if i talked to him and knew i had planned to move out, he would triple the amount of money he pays to pay for my apartment for me. I plan on getting a new job (considering i have a summer job and summer's over) to take care of my groceries and other necessities, but my father would pay for my apartment. I would still be attending high school regularly, but i really need help in making my hopes of getting out of this emotionally abusive family and house as soon as possible. I am a great student, high honor role and everything. Would this help my case in getting emancipated? And if i could not become emancipated immediatly, if my parents signed an informal agreement to allow me to live on my own, would that work temporarily? Also, i have many witnesses to my emotional abuse, including teachers at school. My mother is psychotic (i swear it) and would not allow me to live with anyone else accept my father in Delaware (but i would like to finish school here in New York) then make further arrangements for college. I just need help. my AOL screen name is jboliver444 so please contact me as soon as you read this if you could. I really need help. I need to get out of this place
  • 12-11-2005, 05:23 PM
    aaron
    Emancipation in New York
    As you read, it appears 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.

    If your parents give you permission to establish your own residence and help you do so, that should assist you with an effort to gain formal recognition of your emancipation. However, with appropriate parental consent and support, you may find that there is no need to try to get a judge to issue an order formalizing your emancipation.
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