Full question:
My daughter is 17 and lives a normal life (no abuse or problem) in NYC. She is an actor and in order to be allowed to book a lead in a major movie which starts shooting in August she would have to be emancipated . Is there any chance that a judge would grant emancipation for such a reason ??? She does make some money on her own , 85 K in 2009 if that is a consideration. Thank you for your help. Regards!
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: New York
Answer:
It is possible that the court would grant emancipation. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved. The determining factor for the court's decision is the child's best interests. 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. Therefore, the minor's income will be considered.
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 in the county where the minor resides.
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.
