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  1. #1

    Default Emancipation, Emotional Abuse (New York)

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

    I am about to be 17 years old, and I would like to get emancipated in the state of New York. My family is emotionally abusive. I know I have to move out, and I have somebody to take care of me, but can the cops take me home while I am trying to leave home? My parents do not allow me to work, but I have a modest savings of $500 to serve as rent to my new home until I can find a job. I have evidence against my parents in the form of journaling incidents, and I am also compiling audio of conversations. I have wrote a cited fact sheet stating the recognised characteristics of emotional abuse to bolster my case. My parents would not allow me to simply leave home, and the "laws" here in New York are hazy; One source says that abuse is a reason to emancipate, another says it is not. The abuse I endure has caused Generalised Anxiety Disorder, which I am in counseling for and am awaiting a note from both counselors confirming that we have discussed the issue of my family life. Is there any hope for me? My mental health is deteriorating and I desperately need help.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Emancipation, Emotional Abuse (New York)

    Oh gee. Another unhappy teenager. If the abuse is that bad, call child protective services and you might be removed from the home.

    Otherwise stick it out until you are 18. Then you'll be an adult and can do whatever you want.

  3. #3
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Emancipation, Emotional Abuse (New York)

    It does not appear that a minor can seek emancipation in New York. However, if, in the context of some other legal proceeding, the court discovers that the minor is self-supporting and making all of his/her own decisions, the court may declare the minor to be emancipated.

    For reference, in states where early emancipation of a minor is permitted, at least two things are generally required: (1) parental approval; and (2) the ability to be self-supporting.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Emancipation, Emotional Abuse (New York)

    And "abuse" is never a factor in determining emancipation. Despite what you think you know of the term from eighth-grade social studies, it is not a mechanism to escape parental enslavement, but a recognition that an independent youth needs relief from certain things (ability to enter into contracts primarily) they need. We don't emancipate the abused, we find them other custodial placement.

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