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  1. #1
    Join Date
    Oct 2011
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    None of anyone's business.
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    11

    Exclamation Can a Parent Force a Minor to Return Home

    My question involves juvenile law in the State of: New York.


    I'm sorry if this is going to seem really long and tedious, i just want to make sure people understand where I'm coming from and why i'm asking for help in the first place.

    In December of 2010, I moved out of my mother's house. I went to stay with a friend for my birthday weekend, and she never came and picked me up. Since then me moving out hasn't been too much of an issue. But as of lately my mother feels thats it's nessicary for me to come home. My mother isn't a great mother, not really even a good one. I've been living with a girlfriend of mine since December of 2010 and it's now November of 2011. I just want to know what my rights are as of right now, to take my mother to court and become an adult (but i know emancipation isn't available in New York), or how i can get my mother to sign off her rights to i can live freely.

    My living situations:

    -I live with a friend
    -I attend school, which i did on my own (because my mother wouldnt sign over temporary guardianship so i could go to school, basically denying my rights to an education)
    -My apartment is clean, and we've always got food
    -I've got my own bedroom, so its not temporary I'm here to stay

    Someone please help me out a little. Oh and I'm 16. Thank you to anyone who can help me.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can a Parent Force a Minor to Return Home

    You have the right to go back where your mother tells you. Until you are 18, and not one minute before, you live where your mother says you live. The fact that she did not require you to go home immediately does not negate her right to do so now.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can a Parent Force a Minor to Return Home

    I just want to know what my rights are as of right now,
    You have whatever rights your mother chooses to give you.

    to take my mother to court and become an adult (but i know emancipation isn't available in New York),
    Correct. Not happening.

    or how i can get my mother to sign off her rights to i can live freely.
    There is no law requiring her to allow you to move out. If she wants you home, you go home. Period. If you don't, she can have the cops drag you home by the ear. If you refuse to go home, your mother can have the friend you live with brought up on charges of harboring a runaway.

  4. #4
    Join Date
    Oct 2011
    Location
    None of anyone's business.
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    11

    Default Re: Can a Parent Force a Minor to Return Home

    but i am not a runaway

    Quote Quoting cbg
    View Post
    You have the right to go back where your mother tells you. Until you are 18, and not one minute before, you live where your mother says you live. The fact that she did not require you to go home immediately does not negate her right to do so now.
    Well thanks for the "advice" but I've talked to a Lawyer in NYS and i can live on my own at 17.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can a Parent Force a Minor to Return Home

    Quote Quoting NakiyaLotman
    View Post
    but i am not a runaway


    Well thanks for the "advice" but I've talked to a Lawyer in NYS and i can live on my own at 17.
    Why are you here wasting our time, since you feel you know everything? Did you know your 18+ yr old bed/apartment buddy can have criminal charges pressed for ummmmm cohabitation with you?

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can a Parent Force a Minor to Return Home

    If your custodial parent wants you home and you refuse, you ARE a runway (or you've been kidnapped).

    You can live on your own at 17, but it takes your parental permission.

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can a Parent Force a Minor to Return Home

    Well thanks for the "advice" but I've talked to a Lawyer in NYS and i can live on my own at 17.
    BS.

    Honey, look, I have teenagers of my own, and I used to teach high school. I know how you creatures operate, and if you think anyone here believes that a lawyer told you that you're a Super Special Snowflake to whom the law does not apply because you're Just That Special...well, you have some more thinking to do.

    Don't be a selfish brat. If your mother says "Come home", do that so the people you're living with don't go to jail.

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