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:
The age of majority in the state of New York is 18 which means that persons who attain the age of 18 are treated as adults in most ways (with the commonly known exception for the purchase of alcohol).
Persons under the age of 18 are considered minors.
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.
