I'm 16 and I Want to Be Legally Emancipated
My question involves emancipation laws for the State of:New york . I understand that I need to be able to afford it. I really want to do this I had a job now and I had another job in the summer. I currently pay for all my cloth, my phone bill and my lunch everyday. My parents refuse to pay for basicly anything. I am on a scholarship to my school and my parents only agreed to pay for half the tution next year. I am sick of fighting with them and I want to be able to move out. I found a studio in a near by neighborhood for 500 a month. Do I need to go to court to move out? Would I still be aable to do this without any proof of abuse and ca my parents stop me from doing this? I need help
Re: I'm 16 and I Want to Be Legally Emancipated
to become emancipated in NY, you would have to sue in court but you have given no justification for a court to emancipate you. You have room and board and you make no claims of abuse.
Re: I'm 16 and I Want to Be Legally Emancipated
NY has no statute for emancipation.
Until you are 18, you live where your parents say you live.
Re: I'm 16 and I Want to Be Legally Emancipated
I disagree. While there is no statute specifically allowing emancipation, my research showed that it is possible but taken on a case by case basis.
plus there is this
http://www.nycourts.gov/courts/nyc/f..._support.shtml
Quote:
Until What Age Is a Parent Obligated to Support a Child?
In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.
A child may also be considered "emancipated" if he or she is between 17 and 21, leaves the parents' home and refuses to obey the parents' reasonable commands.
Re: I'm 16 and I Want to Be Legally Emancipated
In order to be emancipated in NY, since there is no statute, the poster would have to be living on his own. In order to be living on his own, he would have to have his parents' permission to move out. If the parents agree to let him move out, fine. He is living where his parents say he has permission to live. However, the poster has implied that such permission would not be forthcoming. In that case, his chances of emancipation are slim to none.
Re: I'm 16 and I Want to Be Legally Emancipated
did you read the snippet I included in my post from the NY government?
Quote:
A child may also be considered "emancipated" if he or she is between 17 and 21, leaves the parents' home and refuses to obey the parents' reasonable commands.
a statute would define what is required for one to sue such as living on one's own. The lack of a statute makes it so that may or may not be required. The courts decide on an individual basis based on the facts at hand but with no specific legal requirements, they are free to rule as they deem appropriate.
I am not saying OP will be successful and to be honest, based on what was provided, I don't think there is a snowballs chance in Hell of emancipation but he can initiate a suit to become emancipated without any specific requirements needing to be present.
Re: I'm 16 and I Want to Be Legally Emancipated
So what exactly can I do. Should I get a Lawer or show I see if I can definatly afforord to live on my on. I just have to do something because I can't live like this anymore
Re: I'm 16 and I Want to Be Legally Emancipated
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Quoting
Blahh
So what exactly can I do. Should I get a Lawer or show I see if I can definatly afforord to live on my on. I just have to do something because I can't live like this anymore
Look, there is virtually no chance you will be legally emancipated in these circumstances. To do so, as was said earlier, you have to show that you are already self-supporting.
And to do that, in NY, is going to be very difficult. By all means pay for at least an initial consult with an attorney.
Re: I'm 16 and I Want to Be Legally Emancipated
I have to do this soon my parents said there not going to pay for collage which means that I'll never get a good job. So basicly their going to make me depend on them forever and I'll never be able to move out. My parents are trying to be protective because I'm their only daughter but this is over the top. Another thing is that my mom had cancer a couple of years and they needed money. I had two thousand dollars in my bank acount from birthdays, communion, paper route, ect. And they took it. Now they won't give it back is there anyway I can get it back? Do you have any other suggestions? Or any lawers to recoamend
Re: I'm 16 and I Want to Be Legally Emancipated
Quote:
Quoting
Blahh
I have to do this soon my parents said there not going to pay for collage which means that I'll never get a good job. So basicly their going to make me depend on them forever and I'll never be able to move out.
Why do you expect your parents to pay for your tuition? :confused:
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My parents are trying to be protective because I'm their only daughter but this is over the top. Another thing is that my mom had cancer a couple of years and they needed money. I had two thousand dollars in my bank acount from birthdays, communion, paper route, ect. And they took it. Now they won't give it back is there anyway I can get it back? Do you have any other suggestions? Or any lawers to recoamend
Emancipation is not going to solve your problems here. If you become emancipated, how are you going to support yourself AND pay for your college tuition?