Emancipation in New York

[h3yjud31954]

Hello, I'm fifteen, and live in New York, and my parents are both drug addicts. I finally realized the situation I'm in isn't getting any better, but only getting worse. I need to get out somehow, and since I'm turning 16 in January, emancipation seems like a good choice.

My other family members have tried getting custody of me from my parents though court cases, but nothing ever happened.

I read other posts about emancipation laws in NY, but I want more info, if I'm going to start taking legal action.

Anything appreciated,
-New York

[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.

[h3yjud31954]

Thanks, but thats the same info I read in the other posts. There has to be some legal form or application i can fill out. Some steps I can take to prove (in court) my parents are uncapable or raising me.

What do courts look for in cases like these?