Thursday, May 13, 2010

How do you become emancipated from your parents in NY?

I am 16 years old. I have a part time job and make over $15,000 a year. I am desperate to get away from my parents because my dad is an *** and my mom is psychotic and i do not want to suffer from the emotional abuse. Can someone please tell me how i become the closest thing to emancipated in NY? Btw, i still want to stay in school and i will have another place to live.How do you become emancipated from your parents in NY?
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.

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