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  1. #1
    Join Date
    Dec 2007
    Posts
    4

    Default Emancipation Help In New York

    I've moved between my parents houses 4 times in the past year. I orginally lived with both parents but my father was abusive so my mother and I left. Cps has been to our houses to investigate this multiple time. My mother and I did not get along. She has been investigated by Cps for being an abusive alcoholic. I did not drink, do drugs, get in trouble with the law or do poorly in school. My mother kicked me out last December because I was emotionally destructive to her she decided. She put me back into an abusive situation. Then a few months later she needed child support so she bought me a car and offered me to move back. Things were just as bad at my father's house, so I decided to cut my losses and take a car if things are going to be bad either way. She had begun seeing a married man. After many months I called his wife because my mother was never sober anymore because he would get her intoxicated to sleep with her. She sold my car and dropped me back off at my fathers. He was doing good for a while but recently starting becoming physically abusive again. My brother lives with him. He doesn't touch my brother. I work two jobs after school and make about 1200 a month until I get a car. When I will be able to make more money because I can travel farther and work later hours. Many of my friends and their parents know of my situation and a few have offered to let me move in with them. Another family is willing to take me to see the lawyers in which I have to go about doing this. There is one family I feel very comfortable moving in with though. They offered to pay for all my food, because I can pay for the rest. They have a spare bedroom and can offer me rides home from work, live closer so god forbid they couldn't I could walk. My grandmother drives me to work after school (I cannot move in with her because she is not financially stable and her 50 year son lives in close quarters with her)

    -Im 17 years old.
    -I can support myself.
    -I have a place to live comfortably without the dangers of my parents.

    Would a New York state judge allow me to emancipate, and how do I go about doing so?

    Thankyou in advance

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Emancipation Help In New York

    Although there is no statute, New York apparently recognizes a common law path to emancipation. The following are elements that are generally described as what a minor must establish to achieve emancipation in New York.
    • 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.
    You say you don't reside independently, so that would seem to rule out the possibility of emancipation.

  3. #3
    Join Date
    Dec 2007
    Posts
    4

    Default Re: Emancipation Help In New York

    so then would it make sense to get put into foster care of my friends parents?

  4. #4
    panther10758 Guest

    Default Re: Emancipation Help In New York

    You dont choose your own Foster care home

  5. #5
    Join Date
    Dec 2007
    Posts
    4

    Default Re: Emancipation Help In New York

    if i go live there without permission they can take me home as a runaway. correct?

    thanks guys for your help so far

  6. #6
    panther10758 Guest

    Default Re: Emancipation Help In New York

    Not only can you be turned in as a runaway and Police drag your butt home but whoever is allowing you to stay with them could face charges

  7. #7
    Join Date
    Dec 2007
    Posts
    4

    Default Re: Emancipation Help In New York

    alright thanks

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