Nassau County Emancipation

[kellybea]

What is the name of your state (only U.S. law)? ny nassau county

My son is 16 years old. He basically abandoned the family residence with no cause to live with his father. Since his father returned about 6 weeks ago he has constantly run away to the father. To then build a case they went to CPS, filed false reports which were unfounded, go tot he police, go to the court file for order of protections and family petitions which were dropped against me and my new husband. My son had no problem with my new husband and got along great until the dad resurfaced who was never a part of his life and bc the father didnt want him with him. So can I have my son declared emancipated since he left abandoned my house without any cause and to avoid parental control. His fathers house has no rules and he does what he pleases. I still ahev custody but the father is fighting and based on his age he can live where he wants. The father doesnt want to pay me cs and he owes alot. The judge ordered the child be returned bc there was no reason for an emergency change of custody.

 

[dannyt]

no

What is the name of your state (only U.S. law)? ny nassau county

My son is 16 years old. He basically abandoned the family residence with no cause to live with his father. Since his father returned about 6 weeks ago he has constantly run away to the father. To then build a case they went to CPS, filed false reports which were unfounded, go tot he police, go to the court file for order of protections and family petitions which were dropped against me and my new husband. My son had no problem with my new husband and got along great until the dad resurfaced who was never a part of his life and bc the father didnt want him with him. So can I have my son declared emancipated since he left abandoned my house without any cause and to avoid parental control. His fathers house has no rules and he does what he pleases. I still ahev custody but the father is fighting and based on his age he can live where he wants. The father doesnt want to pay me cs and he owes alot. The judge ordered the child be returned bc there was no reason for an emergency change of custody.

simple answer-no you cannot. you dont get to shirk your parental repsonsibilites because your son is a difficult teen. you and dad are responsible for him and his action untill hes 18, like it or not.and untill hes 18, he does not decide where and with whom to live

 

[milspecgirl]

go get your child and be a parent. he does not get to choose where he lives. does dad have a visitation order or even joint custody? If not, tell dad to stay away. apparently he is contributing to the way this child is acting. You need to get the child into counseling NOW (family and individual). dad needs to go to court and gets visitation orders and follow them. you need to explain how things are going to be to your son.

 

[kellybea]

In response to Danny

your actually wrong..I am doing to family court route. and as per the law guardian..the child picks where he wants to live at age 16. The law guardian did not care that teh father spent 7 days in detox last month, tested positive for opiates in court or has no means to support the child.

 

[kellybea]

in response to milspec

go get your child and be a parent. he does not get to choose where he lives. does dad have a visitation order or even joint custody? If not, tell dad to stay away. apparently he is contributing to the way this child is acting. You need to get the child into counseling NOW (family and individual). dad needs to go to court and gets visitation orders and follow them. you need to explain how things are going to be to your son.

Well he was order to return the child. the police cannot enfore a custody orde.r The judge had him returned but since the child wants to stay with his dad now...he picks where he wants to live at age 16..even if its not in best interest. the law guardian refused to look into that the father was in d4etox for 7 days..and tested positive for opiates. I had sole custody for over 16 years. The law guardian doe snot care the father cannot even provide for the child is presently on welfare. the father is contributing and now is having the child refuse visitation and when he comes to be histile and agreesive towards me and my family. Counseling..thats pretty funny..i had him in counseling as well signed him up for the pins. the father didnt think it wa s necessary and refused to take him to the appointments. the father does what he pleases and does nto care about any court orders and manages to get away with everything. I have tried explainign to my son..it has gone nowhere. He has been totally braiwashed..and he thinsk its great. not to mention they had no oil for hot water..they dont have a working stove and the list goes on.

 

[Banned_Princess]

At 17 you can wash your hands of him, and his father.


Theres obviously nothing you can do to make your son see the light, I guess he will just have to live in darkness until its his time .

 

[mistoffolees]

If the father is a danger to the child, call CPS. Meanwhile, get your attorney in to court to file for Dad to be held in contempt. Maybe a month or two in jail will encourage Dad to follow the court order.

And a 16 year old does NOT get to choose where he lives. He may be able to express a preference, but he can't override a judge's ruling. The judge has apparently determined that the child should not be living with Dad - and the child can't decide otherwise until he's 18.

 

[stealth2]

your actually wrong..I am doing to family court route. and as per the law guardian..the child picks where he wants to live at age 16. The law guardian did not care that teh father spent 7 days in detox last month, tested positive for opiates in court or has no means to support the child.

go get your child and be a parent. he does not get to choose where he lives. does dad have a visitation order or even joint custody? If not, tell dad to stay away. apparently he is contributing to the way this child is acting. You need to get the child into counseling NOW (family and individual). dad needs to go to court and gets visitation orders and follow them. you need to explain how things are going to be to your son.

Well he was order to return the child. the police cannot enfore a custody orde.r The judge had him returned but since the child wants to stay with his dad now...he picks where he wants to live at age 16..even if its not in best interest. the law guardian refused to look into that the father was in d4etox for 7 days..and tested positive for opiates. I had sole custody for over 16 years. The law guardian doe snot care the father cannot even provide for the child is presently on welfare. the father is contributing and now is having the child refuse visitation and when he comes to be histile and agreesive towards me and my family. Counseling..thats pretty funny..i had him in counseling as well signed him up for the pins. the father didnt think it wa s necessary and refused to take him to the appointments. the father does what he pleases and does nto care about any court orders and manages to get away with everything. I have tried explainign to my son..it has gone nowhere. He has been totally braiwashed..and he thinsk its great. not to mention they had no oil for hot water..they dont have a working stove and the list goes on.

Since you apparently know the answers, what are you seeking from us?

 

[cbg]

Actually, the age of majority is 18.

 

[stealth2]

Actually, the age of majority is 18.

OP apparently has a different truth.

And, OP - unless your son is 100% self-supporting, the court will not emancipate him. He's living with his father, not on his own. You may want to start planning on paying support to Dad for the next few years - until your son is 21. Enjoy!

 

[Banned_Princess]

Actually, the age of majority is 18.

In NY it is the parents responsibility to provide support to 21, UNLESS the child is 17, and will not cooperate with parents reasonable direction and left home.

at 17 with the above qualifications NY teenagers are automatically emancipated.

 

[gr8rn]

simple answer-no you cannot. you dont get to shirk your parental repsonsibilites because your son is a difficult teen. you and dad are responsible for him and his action untill hes 18, like it or not.and untill hes 18, he does not decide where and with whom to live

 

[BL]

In NY it is the parents responsibility to provide support to 21, UNLESS the child is 17, and will not cooperate with parents reasonable direction and left home.

at 17 with the above qualifications NY teenagers are automatically emancipated.

Misinformation .

http://www.empirestatecoalition.org

Legal issues and emancipation .

While at age 17 the police won't generally get involved where the child resides as long as they are cared for some how , Family Laws still dictate.

Bottom line as someone advised .File for contempt of court order .

Both for child custody/visitations and child support .

Contact the Local NY State Office Of Temporary Assistance and provide them with your court order of physical custody . That should nip those funds .

 

[gr8rn]

What is the name of your state (only U.S. law)? ny nassau county

The father doesnt want to pay me cs and he owes alot.

Based on the above, I don't believe OP would be forced to pay support. She has apparently not received any child support for a long time, so no judge is going to make her pay while letting the father off the hook.

 

[kellybea]

Yes you are correct. The father owes me over 30k and we are in court to deal with the violaion of the child support and as the father requested..to have the present child support taken off the present arrears.