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  1. #1
    Join Date
    Jul 2013
    Location
    New York
    Posts
    1

    Default Can My Parents Stop Me From Getting Emancipated

    My question involves juvenile law in the State of: New York
    I'm 14 and from New York and I wish to be Emancipated. I know I have to wait until I'm at least 16 to be Emancipated and I'm willing to wait. Please do not write hate comments or try to persuade me to do otherwise. I just need someone to help me understand how this all works and how I will be able to get Emancipated.
    A little background information: My father is out of the picture because he was abusive towards me and my mother was never around (she was the breadwinner). I've come to terms to what has happened and I've moved on from that all. My father does have partial legal custody of me. I say partial because I USED to have a restraining order against him (it expired) and he does not pay child support for me nor my sister. Will this have an affect on my emancipation? I'm trying to get my mother to make him sign off to have his rights to me removed, and she isn't going to make him do that (another reason to be emancipated). Will there be a way for him to stop the Emancipation? Can my mother stop me from being Emancipated? I know that after I am Emancipated that it will be very hard but I can't stay with my mother. Can I be Emancipated because it is in my best interest? How does the Emancipation process happen? Will this be enough to be Emancipated?

  2. #2

    Default Re: Can I Get Emancipated (More in Details)

    New York State doesn't have an emancipation statute or court proceeding in which an Order of Emancipation can be obtained. But NY has the ABILITY to recognize the status of an emancipated minor, assuming that the minor meets the essential elements of being emancipated.

    Save up your money, stay out of trouble, get better than average grades, and when you meet ALL of these requirements, consult an attorney:

    1) be 16 or older
    2) reside independently from your parents
    3) be self supporting
    4) not be in need of or receipt of foster care
    5) be living beyond the custody and control of your parents

    Yes, the court will listen to both parents if they wish to say that you should not be emancipated.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can I Get Emancipated (More in Details)

    I won't be mean or try to dissuade you. Become a Hollywood starlet, with a 6 figure income and you have a shot.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Get Emancipated (More in Details)

    Emancipation is not and never was intended to be a means by which a minor can leave home. Emancipation was and is intended to give legal protections to those minors who, for reasons outside their own control, found themselves living alone.

    What this means to you, particularly in a state which does not have a statute for emancipation but which will recognize as emancipated minors who meet ALL the requirements IN ADVANCE of the petition, is that unless your parents give you permission to move out AND you have a means by which you can pay ALL your own expenses while still going to school and getting better than average grades, you will not qualify.

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