Full question:
Can a 17 year-old minor in New York City be emancipated while still living in her parents' home? What are the exact steps that must be taken to emancipate such a minor?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: New York
Answer:
The State of New York does not have a specific emancipation statute or court process to remove the disability of minority. Emancipation depends on the individual facts of each case. Typically, a minor must live independently and be financially self-supporting to be considered emancipated. In New York, emancipation is generally defined as the renunciation of parental rights to a child. A minor is considered emancipated if they are married, in the armed services, financially independent, or if their parent has failed to meet support obligations and the minor seeks emancipation. It is usually not possible to be emancipated while still living with and depending on parents for shelter and support. If a minor establishes independence from their parents, they may file a petition for emancipation in the surrogate's court.
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