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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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18 yr old wishing emancipation from parents in nys. what forms

Customer Question

18 yr old wishing emancipation from parents in nys. what forms and where do I go to get this done. Not living with parents.
Submitted: 9 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 years ago.

The term emancipation applies to youth over the age of 16 and under 18 who are:

(1) living separate and apart from their parents;

(2) not receiving any financial support from them (except by court order or benefits to which they are entitled, i.e. Social Security);

(3) living beyond the parent's custody and control; and,

(4) not in foster care.

Emancipation involves the renunciation of the legal obligations of a parent and the surrender of parental rights over the child. It may occur when a parent is unwilling or unable to meet his/her obligations to one's child or when a child refuses to comply with the reasonable rules of a parent and leaves home.

In New York State, there is no Emancipation Statute or court proceeding in which an Order of Emancipation can be obtained. In New York, the status of a youth as an Emancipated Minor depends on the facts. Whether an Emancipated Minor has the same rights as an adult depends upon the relevant law.

Since you are already 18, you would be considered emancipated, especially since you can vote an you can enter into contracts on your own now.

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Customer: replied 9 years ago.
I am under the understanding that in NY the parent is legally, financially obligated to support child till the age of 21. For educational purposes, the parents income is considered till the child reaches the age of 25.

The parent is not meeting her financial obligation for the child. I need to know what are the necessary forms and where to go to get this accomplished.
Expert:  Law Educator, Esq. replied 9 years ago.
Again, there ARE NO LAW and it is based on LEGAL PROCEEDINGS and you would need to go to the clerk of court and they can give you sample complaints to follow if you need to prove this for any reason. If not, you are considered emancipated when:

According to caselaw, in the State of New York "emancipation" has been defined as the renunciation of parental rights to a child. Gittleman v. Gittleman, 81 A.D. 2d 632, 438 N.Y.S. 2d 130 (2d Dept. 1981); Wayne County Dept. of Soc. Serv. v. Schultz, 81 Misc. 2d 603, 366 N.Y.S. 2d 845 (Fam. Ct. Wayne County 1975).

Also a minor is considered emancipated if the following events have occurred:

He or she has established a home and is financially independent. Roe v. Doe, 29 N.Y.2d 188, 272 N.E.2d 567, 324 N.Y.S.2d 71 (1971); Knoll v. Kilcher, 100 A.D. 2d 686, 473 N.Y.S. 2d 887 (3rd Dept. 1984); Giovagnioli v. Ft. Orange, 133 N.Y.S. 92 (3rd Dept. 1911); Rosemary v. George, 103 Misc.2d 1036, 427 N.Y.S.2d 553 (Fam. Ct. Dutchess County 1980); Bickford v. Bickford, 83 Misc. 2d 571, 371 N.Y.S. 2d 782 (Fam. Ct. Schenectady County 1975).

Also a minot is considered emancipated when his or her parent has failed to fulfill parental support obligations and the minor seeks emancipation. Gittleman, 81 A.D. 2d 632, 438 N.Y.S. 2d 130; Murphy v. Murphy, 206 Misc. 2d 228, 133 N.Y.S. 2d 796 (Sup. Ct. Broome County 1954).