Results 1 to 5 of 5
  1. #1
    Join Date
    Mar 2006
    Location
    Long Island, New York
    Posts
    2

    Default Emancipation in New York at 17

    Hey, I'm 17 years old, and I really would like to become an emancipated minor. Actually, "like" isn't the best word. I need to. I currently live in Long Island with my father (who has full and complete custody of me), and the living envoirnment is anything but ideal. Most of the time, there is no or barely any food in the house (and he makes WAY more than enough to supply food). He doesn't keep up with my medical appiontments (I have scoliosis and I'm supposed to see the doctor for annual checkups, but he refuses to go despite my constant reminders). On top of this, I am not allowed to see my friends, talk to them on the phone, or even email them online. No, I didn't get in trouble. He is just very controlling and dominating, and I am on the verge of just walking out the door even as I type this. To emphasize this point, he made my mother so mentally sick at one point that she needed a pyschiatrist) I have social anxiety, and I just recently met a group of friends. Instead of being happy for me, he pulled the plug. I also had depression, and he (in some instances) went as far as LAUGHING at me in my face. He is EXTREMELY verbally abusive as well. I would like to live with either my friend or my mom. He refuses to give up custody because he knows that's what I want. What I want to know are these two things:
    1)Can I become an Emancipated minor? I have heard that you need to have a stable income, but what if I explain to them that I can't have a job because my father knows I would try to become emancipated?
    2)If things get so bad as that I run away to live with my best friend or mother (who has absolutley no custody of me), could either one of them get into any trouble for not sending me back to him? (remember im 17 years old)
    3) I know I sound impatient by asking this, but how long does the emancipation process usually take? I'm asking because the situation here is becoming unbearable.

    Thank you for all your help. It's greatly appreciated.
    -Brenden

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

    Default New York Emancipation Law

    It is my understanding 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.

  3. #3
    Join Date
    Mar 2006
    Location
    Long Island, New York
    Posts
    2

    Default Re: New York Emancipation Law

    Quote Quoting aaron
    It is my understanding 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.
    thanks for the help , but the major problem here is that i can't get away from him. what if i did "2)" of the original post i made?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Generally speaking, the people you would be staying with would be able to protect themselves by informing your father of where you were, and doing nothing to interfere with any efforts to return you to your father's custody. Whether the police would try to make you return will depend upon their department policies. They can confirm their rights and duties with a local lawyer.

  5. #5
    Join Date
    Apr 2006
    Location
    NY
    Posts
    2

    Default

    I've read this pat answer in just about every post asking for information about NY emancipation. I'll give anyone willing to hear the truth the reality.

    Yes, go ahead and try it. Lawyers cost money. Even the legal aide ones and this will not be easy - nor will it be cheap. Your parents have money -you do not. The simple fact that you want out and can't get out -means that they are going to fight you tooth and nail -and you will lose in the end -if you can even get started - because you will need a lawyer - and at most you will have some cheap, dumb, court appointed public defender against mom or dads $250/hour attorney that they've known for 15 or 20 years.

    Thats for starters. They will paint you out to be such a miserable horrible kid- everything you have ever done. Every time you skipped school, got a bad grade, cut yourself, experimented with drugs or alcohol, went to counseling, got caught writing dirty notes about boys - name it girls - I know what you've done, I have 2 adult kids and a 15 year old daughter - and they've been caught doing it all - its a mixed up world -and to save my butt - or theirs from making a terrible mistake - I would do whatever I had to do - and call them on everything they've ever done....

    SO -now that you've lost, you're broke- you're friends never want to see you again because they've been hauled in as witnesses, you're humiliated, and the courts, the cops and the shrinks think you have terrible problems, not only will you not be allowed to live on your own- because you have to prove that you are capable of doing that - but the courts will either put a PINS petition on you (for your own good and for the support your parents will need to keep you in check) but you will have mandated counseling, therapy, medication, pyschiatric evaluations, etc. etc.

    My suggestion to anyone that wants to get out of the house before they're of legal age because "mom and/or dad are mean...." is to grow up - right there in front of and with the support of mom or dad.

    Now, if you're being abused..physically or sexually (sorry, name calling isn't abuse -you do it to us - why isn't abuse when you call me a dirty name??)...then take your abused body and go get some help....go to a hospital or a shelter, call the police, turn your abusive parent in and then you will get the help that you need to stop the abuse. But if you just keep doing crappy stuff to your parents and they have some outdated, old fashioned way of punishing you that doesn't "fit" with your idea of how you'd like it to be, so now you want "out"- sorry -grow up, find a way to adjust to your parents rules- stop rebelling and deal with it.

    JMH and Brutal O

    1. Sponsored Links
       

Similar Threads

  1. Emancipation: Emancipation in New York
    By dylanleherbst in forum Juvenile Law
    Replies: 1
    Last Post: 11-19-2009, 09:50 AM
  2. Emancipation: Emancipation in New York
    By levanslhasas in forum Juvenile Law
    Replies: 6
    Last Post: 08-03-2009, 06:59 AM
  3. Emancipation: New York Emancipation
    By newyorksomeone in forum Juvenile Law
    Replies: 2
    Last Post: 02-03-2009, 03:11 PM
  4. Emancipation: Emancipation at Age 17 in New York
    By shangie9806 in forum Juvenile Law
    Replies: 2
    Last Post: 02-14-2007, 07:03 AM
  5. Emancipation: New York Emancipation Law
    By Sammyq in forum Juvenile Law
    Replies: 3
    Last Post: 12-11-2005, 05:23 PM
 
 
Sponsored Links

Legal Help, Information and Resources