How can an 18 year old become emancipated in New York State?

Full question:

How does an 18 year old request emancipation in New York State?

  • Category: Minors
  • Subcategory: Emancipation of Minor
  • Date:
  • State: New York

Answer:

In New York State, the age of majority is 18, meaning individuals who are 18 are considered adults in most respects, except for purchasing alcohol. Minors, those under 18, are not automatically granted emancipation. New York does not have a specific emancipation statute or court procedure to remove minority status. Instead, emancipation is determined by the specific facts of each case.

To be considered emancipated, a minor typically must live independently and be self-supporting. Emancipation in New York can occur under certain conditions: if a minor is married, has joined the armed services, has established a home and is financially independent, or if their parent has failed to meet support obligations and the minor seeks emancipation. Generally, a minor cannot be considered emancipated while living at home and relying on their parents for support.

If a minor demonstrates independence from their parents, they may file a petition for emancipation 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

In New York State, parents are generally no longer legally responsible for their child when the child turns 21. However, if the child is still in high school, support may continue until the child graduates or turns 21, whichever comes first. This means that parents may still have financial obligations even after the child reaches adulthood at age 18.