Good day. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
In New York, there is no such thing as a court declaration of emancipation. There is also no procedure where a minor can get an official document or card stating that he or she is an emancipated minor.
However, a young person who meets certain criteria can be considered to be an emancipated minor under the law. Any service provider can evaluate whether a young person meets the criteria for emancipation.
An emancipated minor is a young person who satisfies the following four criteria:
• you are living separate and apart from your parents or guardians without intent of going home (you may be emancipated if you're living at home and paying rent);
• you are not dependent on a parent or guardian for money, food, shelter, clothing, etc. (you may be emancipated if these things are provided by friends, relatives or public assistance), and;
• you know how to manage your own financial affairs, i.e. paying rent, having enough food, buying clothes...etc. Young people who are married or in the armed services may be considered emancipated regardless of whether they meet the criteria listed above.
Just moving in with you does not create emancipation and the parents could report her as a runaway. In that case the police can come and bring her back home.