Does my daughter’s move to Philadelphia mean she is emancipated?

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: 04/07/2025
• State: New York

Answer:

The age of majority in New York is 18, meaning individuals who turn 18 are generally considered adults. A minor under 18 is not automatically emancipated just by moving out. In New York, there is no specific emancipation statute; instead, emancipation is determined based on individual circumstances. To be considered emancipated, a minor typically needs to live independently and be financially self-supporting.

Emancipation can occur if a minor is married, in the military, financially independent, or if a parent has failed to meet their support obligations. Since your daughter is not currently working or attending college, her moving out alone does not meet the criteria for emancipation. If she claims her father's home as her residence while living in Philadelphia, it does not automatically shift your child support obligations to him. You may still be responsible for child support unless a court modifies the order based on her new living situation.

Ultimately, the court will decide based on the specific facts of your case.