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Emancipation from One Parent

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  • 10-08-2008, 10:11 AM
    StepMom15
    Emancipation from One Parent
    My question involves emancipation laws for the State of: New York

    Can a child (17 years old) emancipate himself from 1 parent to live with another? I understand this may be a custody issue, but it's a little complicated. If a man has sole custody of his child for past 15 years, child is now 17 years old, wants to live with his biological mother who has not had contact with him for 10 years and she has lived under the welfare system for the past 20+ years, can the father emancipate or I guess terminate his rights from the child?
  • 10-08-2008, 10:21 AM
    ashman165
    Re: Emancipation from 1 Parent
    Quote:

    Quoting StepMom15
    View Post
    My question involves emancipation laws for the State of: New York

    Can a child (17 years old) emancipate himself from 1 parent to live with another? I understand this may be a custody issue, but it's a little complicated. If a man has sole custody of his child for past 15 years, child is now 17 years old, wants to live with his biological mother who has not had contact with him for 10 years and she has lived under the welfare system for the past 20+ years, can the father emancipate or I guess terminate his rights from the child?

    Emancipation isn't something a parent can give to a child. Nor can the father legally sidestep his duty to provide for a child by terminating his rights.

    Emancipation something a minor files to get against its parents.

    And such as I understand the idea of emancipation, it's a binary state: you're either emancipated, or not. You can't be partially emancipated. That's like being half an adult.

    As far as terminating a parent's rights goes, that too is something done against a parent, not something done against a child.

    This sounds like a custody issue. He lives with dad now, but wants to live with mom. I presume there's some kind of custody agreement between the parents? If so, the terms of it can be modified to grant custody to the other parent - if a court agrees.
  • 10-08-2008, 10:29 AM
    aaron
    Re: Emancipation from 1 Parent
    Or, if dad wishes, he can give the child permission to live with mom for a while.
  • 10-08-2008, 10:48 AM
    cbg
    Re: Emancipation from One Parent
    There is no such thing as emancipating from one parent and not the other. None. Ever. In any state. You either are or you aren't.
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