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  1. #1
    Join Date
    Apr 2009
    Posts
    2

    Default Can My Guardian Object to Emancipation

    im sorry i couldnt find the new thread link so im going to put my questions on here. im 16. my mother died when i was 7 and my dad 6 months ago. my dad (although commiting suicide) left no will and testament. i was put into the custody of my aunt who lives in florida but i live with old fam friends here in new york so i can finish out highschool. the thing is my aunt tries to make me move down there with her by telling me my only option to live in ny is people whom i really dont get along with that well even though there are many other places i could of stayed that were my mothers family and safe. i want to emancipate myself. ive read the ny guidlines and i meet them all but the one that says "minor must be self supporting" im not too sure. i collect about 1700 social securty checks monthly and i dont know if that counts.i also have a place to stay with other family in new york but its also a possibility to get my own place with the estate money if i needed to inorder to be emancipated. the thing is my aunt will fight to keep me in her custody so is there anyway she can contest the emancipation even if i meet all requirements? and would i be able to say i can live with other family if they tell the judge i can for free or would i half to have my own place?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Emancipation in New York at 16

    Yes, she can contest it even if you meet all the requirements. (Social security benefits will stop if you are emancipated.) Emancipation is granted very, very rarely and it's not enough to meet the requirements, you also have to convince a judge that emancipation is in your best interests. That is a VERY hard standard to meet. Even if you have a "free" place to live, you will still have to convince a judge that if the people who are allowing you to stay with them kick you out, or are collectively hit by a bus, or are transferred overseas and cannot or will not take you with them, you will still be able to support yourself.

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