Emancipation In New York

[astridax]

hi all... i am 16 and i live in New York. i wish to be emancipated from my family because i can't stand my father any longer. all he ever does is put me down. he is always telling me to just get the f--- out, so yesterday i took him up on it. i am living at a friends house now and my parents said that if i don't come home today that they will have the police come and get me. what can i do? all suggestions will be appreciated

[panther10758]

You can go home as instructed. If your being abused report the abuse to CPS. by the way next time they throw you out call CPS. NY has no statute for emancipation nor did you state any reasons that would normally give good reason for emancipation.

[Happy Trails]

Read this.

Your parents are within their rights to demand you go back home.

[cbg]

You have one option and one option only if you don't want the police to take you back home. That option is to go home of your own accord. NOTHING in the law is going to force your parents to allow you to live at your friend's house. NOTHING in the law gives you the right, at 16, to live somewhere that your parents do not want you to live.

[jillian0290]

I moved out when I was 16 to a friends house. There is no formal law in NYS that a minor could petition the court to become emancipated. What this means, you cant gain the right to legally sign a contract like an adult by petitioning hte court. You can not legally be emancipated from your parents. However, 16 and 17 are a grey area in NYS. You cant FORMALLY gain emancipation, but your parents cant FORCE you to stay. You can legally leave and go live with a friends parents. From 16-18 your parents have to provide you with a place to live, but you dotn have to take them up on what they have provided. You cant demand that the provide another place for you to reside without them, but you can leave if you want. After 18 they can legally kick you out as much as you can leave. If your parents are divorced and there is a legal custody granted they could take your friends parents to court for interference of custody, but if you took it to family court you could probably haggle something, SO LONG as you are still going to school and keeping grades up. If you are in an alternative family environment that doesnt allow you to do drugs and whatnot and can show the lifestyle is secure I doubt family court would make you go home. The cops might tell you that you have to go home, or they might not, but a police officer knocking can be challenged by you based on age. At the age of 16 CPS cant be called on parents due to this grey area. If you want to leave and are abused you can, however, if you stay and are abused you need to press assault charges, not call CPS, there is a limit to the agency. At age 16 a minor cant be put on PINS status, persons in need of supervision, but if you are already on PINS and turn 16 you cant get out of it.

[panther10758]

Jillian show me the statute that reads a 16 or 17 year old can run away from home and not be brought back home

[Rushia]

Jillian show me the statute that reads a 16 or 17 year old can run away from home and not be brought back home

She can't. I know of MANY 16 and 17 yo's that were brought back home AND that were put on the PINS program.