What are the requirements to become emancipated?

Q: Can you move out at 17?

In general, a 17-year-old cannot move out without parental consent in New York. While some may consider moving out, they are still legally minors and require their parents' permission. Seeking emancipation is a potential route, but it involves proving financial independence and living separately from parents.

Q: Can you legally move out at 17 in New York?

Legally, a 17-year-old cannot move out in New York without parental consent. Minors are still under the legal authority of their parents, who can prevent them from leaving home. Emancipation can allow for greater independence, but it requires meeting specific criteria, including financial self-sufficiency.

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: 04/07/2025
State: New York

Answer:

The State of New York does not have an emancipation statute available or a court proceeding to remove the disability of minority. Rather, the status of a youth will turn on the specific facts of the case. In order to become emancipated, the minor must typically live independently and be self-supporting. Because New York does not have an emancipation statute, it is a matter for the court to decide based on the facts and circumstances in each case.

According to caselaw, in the State of New York "emancipation" has been defined as the renunciation of parental rights to a child. Also a minor is considered emancipated he or she is married, he or she is in the armed services, he or she has established a home and is financially independent, or his or her parent has failed to fulfill parental support obligations and the minor seeks emancipation. It is generally not possible to be meancipated while living in a parent's home and being dependent on them for providing shelter and other support. If a minor establishes independence from parents, a petition for emancipation may be filed in the surrogate's court.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can your parents legally stop you from moving out at 17?

In New York, parents have the legal right to prevent their 17-year-old child from moving out. Since minors are not considered legally independent, parents can enforce rules regarding where their child lives until they reach the age of majority, which is 18. However, if a minor seeks emancipation, they may be able to establish independence, but this typically requires living separately and being financially self-supporting.

Can a 17 year old move out in NY?

A 17-year-old cannot legally move out of their parents' home in New York without parental consent. While they may wish to live independently, they are still considered a minor and lack the legal capacity to make such decisions without their parents' agreement. Emancipation is an option, but it requires meeting specific criteria, such as financial independence.

Can you move out at 17?

Can you get emancipated at 17 in NY?

Yes, a 17-year-old can seek emancipation in New York, but it is not guaranteed. To be considered for emancipation, the minor must demonstrate financial independence and the ability to live independently. This typically involves living apart from parents and being self-supporting. The process may require filing a petition in surrogate's court.

Can you legally move out at 17 in New York?

Can your parents make you come home at 17?

Yes, in New York, parents can require their 17-year-old child to return home. Since minors are not legally independent, parents have the authority to enforce rules regarding their child's living situation. If the minor seeks to live independently, they may consider pursuing emancipation, but this requires meeting certain legal criteria.