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  1. #1

    Angry When Can a Minor Declare Emancipation

    My question involves a child custody case from the State of: New York

    I have been emotionally abused by my mother since childhood. I really cannot stand for her frequent emotional swing and aggressive control anymore. My grade in school is always effected by my unusual family situation. I am turning 17 this December, so I want to declare emancipation and move out from the apartment we currently share with my cousin's family. Unfortunately I do not have a stable economic income, but I am doing part-time work and want to share apt with others (the rent will cost about $400-500). I will also need assistant to apply for public benefit such as food stamp. I am totally mature and know how to make the reasonable decision for myself. As matter of fact, I have been pretty stressful in the past (even attempted to commit suicide). We tried to communicate, but she never changed. I think she never realize that she is abusing me emotionally, and she suffers from the pain too. I think I am have impulse control disorder because of my family environment, and I also suffer from other personality disorders. I feel unsafe and stressful while I am home, especially with my mother. I think now is the right time to declare emancipation. I would like to move out and live in my own life with personal privacy (my mom checks my phone and everything, she asks all the details about my friends and forbid me from social life). I would like to continue my education in my current high school as a Junior and attend college later now. I also want to get court order that forbid my mother from going to my high school after successful declaration. Because she will do unreasonable things in front of school facilety and students, in order to get my attention, that will bring me unnecessary troubles. Because I want to have privacy in front of my teachers and classmates and live like "normal" student regardless my special emancipation status. I made this decision base on reason and facts, therefore want to achieve my purpose in a legal way.

    Please let me know how can I fill out a emancipation form at New York for judge's evaluation. Or, if I am eligible for public free lawyer.


    Earning $400-600 a month for basic life expense (rent) is not a big issue for me (especially if I also receive public benefit such as food stamp). I have friends who are willing to give some financial support during first three month, plus I also have little personal saving. In addition, my school also provide metro card, breakfast and lunch.
    Right now what I need to do is:
    file a legal emancipation claim/find a lawyer

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: When Can a Minor Declare Emancipation

    Quote Quoting needhelpnow123
    View Post
    My question involves a child custody case from the State of: New York

    I have been emotionally abused by my mother since childhood. I really cannot stand for her frequent emotional swing and aggressive control anymore. My grade in school is always effected by my unusual family situation. I am turning 17 this December, so I want to declare emancipation and move out from the apartment we currently share with my cousin's family. Unfortunately I do not have a stable economic income, but I am doing part-time work and want to share apt with others (the rent will cost about $400-500). I will also need assistant to apply for public benefit such as food stamp. I am totally mature and know how to make the reasonable decision for myself. As matter of fact, I have been pretty stressful in the past (even attempted to commit suicide). We tried to communicate, but she never changed. I think she never realize that she is abusing me emotionally, and she suffers from the pain too. I think I am have impulse control disorder because of my family environment, and I also suffer from other personality disorders. I feel unsafe and stressful while I am home, especially with my mother. I think now is the right time to declare emancipation. I would like to move out and live in my own life with personal privacy (my mom checks my phone and everything, she asks all the details about my friends and forbid me from social life). I would like to continue my education in my current high school as a Junior and attend college later now. I also want to get court order that forbid my mother from going to my high school after successful declaration. Because she will do unreasonable things in front of school facilety and students, in order to get my attention, that will bring me unnecessary troubles. Because I want to have privacy in front of my teachers and classmates and live like "normal" student regardless my special emancipation status. I made this decision base on reason and facts, therefore want to achieve my purpose in a legal way.

    Please let me know how can I fill out a emancipation form at New York for judge's evaluation. Or, if I am eligible for public free lawyer.


    Earning $400-600 a month for basic life expense (rent) is not a big issue for me (especially if I also receive public benefit such as food stamp). I have friends who are willing to give some financial support during first three month, plus I also have little personal saving. In addition, my school also provide metro card, breakfast and lunch.
    Right now what I need to do is:
    file a legal emancipation claim/find a lawyer
    I do not believe that emancipation is possible for you. A minor can only get emancipated if they can fully support themselves without any help from the state at all (ie no foodstamps, medicaid or any other assistance). In addition, in most states it also requires the cooperation of your parents. Your mental health issues would also make it unlikely that a judge would emancipate you, even if your parents agreed.

  3. #3

    Default Re: When Can a Minor Declare Emancipation

    Thank you for your opinion, but I do not have mantel problem or anything like that. In fact, I am a well-arounded person while I am with my friends or even in front of strangers. I become out of control only under my mom's emotional abuse. Right now, I am seeking ways to file the paper work. Let me know if I know any public resource that I can take advantage of.

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: When Can a Minor Declare Emancipation

    Quote Quoting needhelpnow123
    View Post
    Thank you for your opinion, but I do not have mantel problem or anything like that. In fact, I am a well-arounded person while I am with my friends or even in front of strangers. I become out of control only under my mom's emotional abuse. Right now, I am seeking ways to file the paper work. Let me know if I know any public resource that I can take advantage of.
    According to your own words, yes you do have mental health problems. Which is an immediate stop sign for emancipation.

    Quote Quoting needhelpnow123
    View Post
    I think I am have impulse control disorder because of my family environment, and I also suffer from other personality disorders.
    The solution for abuse is to report it to the authorities. Emotional abuse is an extremely difficult thing to substantiate. Even if was proven, you would simply be removed from your mother's care and placed in another person's.

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

    Default Re: When Can a Minor Declare Emancipation

    Emancipation is not possible for many reasons. You don't get to move out cause you hate mommy and expect the government to pick up the tab. You are obviously to immature to even do basic research on your situation.

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