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  1. #1
    Join Date
    Jan 2007
    Posts
    1

    Default Emancipating at 15 in New York

    I know right now emancipation is not legal, but when is it?

    I'm a great student in a good school. I don't smoke, do drugs, or anything that would get me in trouble. I have my entire future planned. A lot of parents would love to have a daughter like me, or so they've told me. My parents think its not enough. I'm not allowed to hang out with anybody who has a different nationality than me, I can't go anywhere, and if I do, its with people they choose to be with me, I'm not allowed to use public transportation, I'm not allowed to be in a relationship, and I'm not allowed to even get a job. I basically sit home all day.

    They keep badgering me about "not being a normal girl." What they don't understand is that I can't be normal if they don't let me do "normal" things. My dad is always working, so I'm home alone with my mom, who has serious mental issues. I'm pretty sure of this considering I've done an extraordinary amount of research on psychology. She refuses to see a doctor. I can't begin to explain how much she argues with me over petty matters. She has never supported me in anything I want to do because she thinks that the only thing I should be doing is studying. Anything good that has ever happened, they've taken away from me. I know this sounds like a silly teenage rant, but its so difficult living with parents that don't understand OR care about American customs...(they've lived here 30 years, and refuse to assimilate.) Sitting in a room all day, you have a lot of time to just think. And I know if I don't leave, I'll depress myself to death. They both lie to me so much, they make promises they NEVER keep. I have dozens of examples, I keep records of all the things they promised me just to shut me up. I don't trust them. This isn't enough to get emancipated, I'm sure, but its enough to drive me insane and suicidal.

    I have a friend who lives alone, but he is over 18. He said I can live with him as long as I want, but I'm not sure if its legal. I can live with him and be fine, all expenses covered. I thought the age for a minor to move out was 16...but looking through these forums, I see its more complicated. How can I move out if my parents won't let me have a job? Its not like I do anything else besides study.

    Another option is running away, but I REALLY want to be a doctor and I want to get the best education possible, so I ruled that out as an option.


    The minor must reside independently of his or her parents
    The minor must not be in need of or receipt of foster care
    The minor must be living beyond the custody and control of his or her parents


    Isn't the above all the same thing? I don't understand what it means. I have to already be living somewhere else?


    -M.

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

    Default Re: 15 in NY

    Since there is no emancipation statute in NY, it's a moot point. Until you are 18, you live where your parents say you live. When you are 18, you can live wherever you like.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: 15 in NY

    The elements are different. The first requires that you live independently. The second that you be able to support yourself without state aid or supervision. The third is that your parents aren't exercising custody and control over you. As it's common law, not statutory law, different courts may approach this a bit differently, but under those factors you need to be living independently before you petition for emancipation.

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