Emancipation under 16 in New York

[frances627]

I want to get emancipated, but I'm under 16...I will be 16 in June. I would like to know if it was possible I am able to get emancipated??? I've been having ALOT of family problems since October of 2002. And I've been bouncing from house to house...family member to famile member. I don't want to do that any more...what can I do??? Can I get emacipated??? If so, where do I get information on how to go about this?

[aaron]

It is my understanding that New York does not have a law which provides for emancipation. (That is, unlike in most states, there is no mechanism by which a minor can go to court and formally petition to be declared an emancipated minor.) However, it is also my understanding that New York courts will recognize the status of an emancipated minor, assuming that the minor meets the essential elements of being emancipated.

Those required elements are:

* The minor must be aged 16 or older;
* The minor must reside independently of his or her parents;
* The minor must be self supporting (although public assistance or court-ordered child support payments made to the minor would not disqualify the minor from being recognized as emancipated);
* The minor must not be in need of or receipt of foster care; and
* The minor must be living beyond the custody and control of his or her parents.