I Need Help Being Emancipated

[DanaSmiles]

Hi I need help getting emancipated I have looked up some infromation but i am still confused. I am turning 16 years old in a month and i live in new york state. I know you can not be emancipated in new york state with out being 16 years old or older so right now im just trying to get everything together so when Im 16 I don't have to get any information and will have evrything together all ready. My mom and my stepfather are both abusive. My mother was never this way till she meet my stepfather. My life is pretty much crazy where i'm in and out of hospitals sometimes not having anything to eat cause they keep the food in therir room and much much more. pretty much the reason I'm wrtiting is b/c i need more informatin on emancipation. I want to know if i will be able to rent apartment and what informatin do i have to show to the judge for her to think i should be emancipated. I also had an idea that i should take pictures of my mom and stepfathers bedroom b/c the put all the food in there if that would be a good idea to show the judge that im telling the truth. also do you know any places where i caan go to get assistance and help with my case cause im so stressed and i just don't know where to start. Im trying to 1st get a stable job to show the judge that i am getting money on my own then i am hopeful getting me apartment to show i have a stable place to live and that i can stand on my own 2 feet. I'm right now just getting evidence that i should get emancipated such as the pics of the food in her room, pics of scars on my body from where they beat me, statements from people that i was stressed and in and out of hospitals, etc and finding a good job. also am i doing the right steps 2???


thank you

[panther10758]

You cannot be emancipated in NY period there is no statute

[aardvarc]

If your parents are neglectful or abusive, then the solution is to report that behavior to authorities. Emancipation is typically intended for those minors who are already forced to support themselves due to circumstances beyond their control, and need legal standing to help them to better accomplish this.

[aaron]

As you read, it appears 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.