Can my parents force me to move from New York with them if I am 17?

Full question:

If I'm 17 years old can I be forced to move with my parents if I don't want to live with them

  • Category: Minors
  • Subcategory: Age of Majority
  • Date:
  • State: New York

Answer:

In New York until you are 18 years of age you are considered a minor and subject to the natural guardianship of your parents. Parents have the obligation to support and right to expect that a minor follow their reasonable directions in New York. 
 
A "minor" or "infant", as used in this chapter, is a person under the age of eighteen years.
 
N.Y.. Dom. Riel. Law § 2

Even though parents can be ordered to pay child support to age 21, you are considered an adult at age 18. New York Family Court Act § 413. Parents' duty to support child.

New York does not provide for emancipation actions, but recognize construction emancipation. However, this is generally used in connection with the duty of a parent to support a child to age 21 and not general emancipation. 

But see http://rochesterfamilylawyer.korotkinlaw.com/2009/01/26/child-support-abandonment-and-constructive-emancipation-of-a-child/

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

Yes, in New York, parents can require their 17-year-old children to come home. As minors, children are under their parents' guardianship, which includes the right to make decisions about their living arrangements. Parents are responsible for their children's welfare and can expect them to follow their rules. If a 17-year-old refuses to comply, parents may take appropriate actions to ensure their return home. *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.*