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  1. #1
    Join Date
    Sep 2011
    Posts
    2

    Question Can a Non-Custodial Parent Refuse an Emancipation Request

    My question involves emancipation laws for the States of: New York & Colorado.
    My husband is the non-custodial parent of a 16 going on 17 year old girl. She lives in NY State with her biological mother and we reside in Colorado.
    She has complained repeatedly to her father and I about her relationship with her mother and she says she really doesn't want to live with her anymore, she wants to be on her own.
    She has stated than her mother is not providing the food she likes and does not really care about her.
    We have offered to have her come live with us in Colorado (where the original custody orders are from), but she says she wants to stay in NY to finish school.
    Recently her mother has even threatened to shut off her cell phone, give away her dog and call her father and have her move in with him (us).
    My step-daughter says that in NY at the age of 16 she can get emancipated, get her own apartment and job and get away from her mother.
    My husband (her father) and I are against this, she is only a Junior in High School and needs to finish her education.
    She says she has an adult friend that can help her get her own place / maybe in move in with her.
    Can my husband block her emancipation request in NY. We do not like the idea of her living on her own or with someone we do not even know.
    What are our options?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can a Non-Custodial Parent Refuse an Emancipation Request

    There is nothing to block.

    She won't qualify for emancipation; NY doesn't have an emancipation statute to begin with so she would have to basically convince the court that she is already (not will be able to, but already IS) capable of fully supporting herself. This includes paying full market rent, utilities, food, clothing, health insurance, transportation - the whole works.

  3. #3
    Join Date
    Sep 2011
    Posts
    2

    Default Re: Can a Non-Custodial Parent Refuse an Emancipation Request

    Dogmatique,
    Thank you for responding so quickly.
    We thought hat was the case, thank for the reassurance.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can a Non-Custodial Parent Refuse an Emancipation Request

    You're welcome

    Please bear in mind though that if by some miracle she does convince a court, Dad - not being the custodial parent - wouldn't be able to block it.

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