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Loren, Lawyer
Category: Family Law
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Experience:  30 plus years of experience.
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My neice who is 16 would like to be emancipated she comes

Customer Question

My neice who is 16 would like to be emancipated she comes from a very dysfunctional family. She is verbally and mentally abused. If she becomes emancipated can she live with me.
Submitted: 3 months ago.
Category: Family Law
Expert:  Loren replied 3 months ago.

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.

Expert:  Loren replied 3 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 3 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (5 stars) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

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