Emancipation in New York

[crissy]

My question involves emancipation laws for the State of: New York

my name is crystal. im 16 turning 17 on october 16th. i lived with my dad till i was 11 years old then moved in with my mom because i thought i would be happier. it turns out its just as bad. my mom tells me that she wants me out of the house. but she will never let me leave. i want to be emancipated but my mom doesnt want it because she needs me to watch her other kids. i work part time. i tried to get a full time job but i can not do that with out parent permission to drop out of school. i am looking into moving into an apartment with two other people. but my parents wont let me leave. i have no reason to stay. the job i have now pays over half of the bills i would pay if i were on my own if i had a full time job i would be able to live without my parents and i would be able to support myself. i dont know what i should do. help please!!

[cbg]

There is no statute for emancipation in New York.

Which, in case you don't understand, means that you cannot be emancipated. Period.

[crissy]

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.


my mother was emancipated when she was 17 and i know other people who have been emancipated. but i cant reach the requirements for the emancipation because my mother wont let me leave. my mother cant even support her own family i give her money when she needs it and it takes over a month for her to pay me back. i know i can support myself. i already buy most of the things i have. but she will not let me live on my own for her own selfish reasons.

[Mr. Knowitall]

So in terms of the elements, you're over sixteen and you're not in foster care. The rest, you need to work on.

[divemedic]

ALL of your expenses? Health care, rent, food, utilities, clothing? All while going to school? If your plan includes dropping out of school, the judge will not sign off on it.

[cbg]

Laws change. The fact that your mother may or may not have been emancipated a generation ago does not mean that the same is available today. All over the US, states are closing loopholes, repealing statutes, and generally very deliberately going out of their way to make it more difficult for a teen to be emancipated.

There IS NO statute of emancipation in New York. Arguing with me will not change that. You cannot go to court and be declared emancipated. If you meet all of the elements the state MAY decide to acknowlege you as an emancipated minor. Or they may not. But it's a moot point because by your own admission you do not meet the elements. And there is nothing in the law that is going to force your mother to allow you to live independently.

Which pretty much makes emancipation impossible.

[cyjeff]

Further, no judge in any jurisdiction will emancipate a child so that they can drop out of school.