Full question:
My 17, soon to be 18 daughter has moved from my home to Philadelphia and has signed a lease. She no longer wishes to live at either her father's or my home. She is not enrolled in college presently, and has no job. The child support that i receive is directly handed over to her. Does this constitute emancipation? If she claims her father's home as her home, even though she is living in Philadelphia, does this mean that i must now provide child support to her father, or should I be exempt from paying support due to the fact that she 'LIVES' in Philadelphia and NOT in NY at either of our homes? Family court magistrate in Nassau County will be speaking to her on Thursday the 13th and i want to know what to expect and what are my rights as her mother in this case?
- 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. In order to be considered emancipated, a minor must be able to support herself. Moving into a residence apart from parents alone does not qualify as emancipated.
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. 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.
