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Hello. I need answers from a NY family law expert. Has a NY court ever allowed parents to keep an unwilling 17 year old child by himself in a well-outfitted home that is other than the family's home?
Has emancipation ever been granted by a NY court on the basis of a parents' want due to a child's incorrigible abusive behavior? If not, what are the family's recourses?
May a child be emancipated in NY against his will?
Submitted: 2 years ago.Category: Family Law
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Answered in 10 minutes by:
3/4/2016
Family Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 124,425
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The only way to do this acceptable to the NY court would be to file a petition for emancipation and in order to do that you have to prove the child is self sufficient without any support from anyone (such as working or have their own income from some other means not support from parents). At 17, he is not even considered an adult in NY (NY has different rules for liability for a child which is 21, but for an adult to sign contracts and manage their own affairs it is 18). At*****is going to be reluctant to release the child to emancipation. You would have a better chance at getting an emancipation once he is 18 and showing he has means that he can support himself.
The incorrigible behavior is not grounds for emancipation I am afraid, so you are going to have to convince the court he can support himself and manage his own affairs on his own.
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Customer reply replied 2 years ago
He has a large bank account. *IS* self-sufficient, or *IS CAPABLE OF BEING* self-sufficient? Grantable against the child's will? Are you a member of the NY Bar? Also, please reply in detail to q's #3 & 4 of the original set. Thank you.
Family Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Thank you for your reply.
First off, the court still will not emancipate him until 18 in this type of situation if he is incorrigible and cannot be controlled by his parents or an adult. I did answer the other questions, but I will clarify.
The NY courts rarely emancipate anyone at all under 18. They could emancipate the 18 year old against their will, but usually not under.
If the family cannot control the 17 year old they can file a petition of incorrigibility with the juvenile court and the juvenile court can send the child into a foster system or for counseling to try to resolve whatever issues are causing the behavior. Counseling is the first step the court will use before sending him to the foster care system.
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