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  1. #1
    pandachuler is offline Junior Member
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    Unhappy Can a minor leave home without parental consent?

    In New York State, how can a minor (16) leave home without parental consent and not get into any legal trouble?
    My mother and I DO NOT get along at all, she threatened to knock me out, I want to move out with my friend, his mom already said it was okay. How can I do it without getting anyone or myself into any trouble? Emancipation?
    If I need to get emancipated how do I do it, and do I have to have a job?
    Please help.

    One last thing, I'm leaving for college anyway. In the late summer or fall, I'll be gone anyway..
    Last edited by pandachuler; 02-02-2012 at 08:25 PM.
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by pandachuler View Post
    In New York State, how can a minor (16) leave home without parental consent and not get into any legal trouble?
    My mother and I DO NOT get along at all, she threatened to knock me out, I want to move out with my friend, his mom already said it was okay. How can I do it without getting anyone or myself into any trouble? Emancipation?
    If I need to get emancipated how do I do it, and do I have to have a job?
    Please help What is the name of your state (only U.S. law)?
    No, it's NOT ok to move out on your own without your parent's consent, not even if someone else says so.

    This "friend", is that a boyfriend? How old is he? And why on earth would his parents allow you to move in and live under the same roof?

    In order to become emancipated, you have to demonstrate your ability to support yourself. That means having a decent paying job, a place of your own, and feeding yourself WITHOUT the assistance of someone else. Even then, many states make it extremely difficult to become emancipated unless there are absolutely no other options available.

    If you feel you are in danger at home from your mom hurting you, then contact the authorities and file a report. If they find a credible threat, they will remove you from the home and place you in a suitable foster home while the situation is handled.
  3. #3
    Rushia is offline Senior Member
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    Quote Originally Posted by sandyclaus View Post
    No, it's NOT ok to move out on your own without your parent's consent, not even if someone else says so.

    This "friend", is that a boyfriend? How old is he? And why on earth would his parents allow you to move in and live under the same roof?

    In order to become emancipated, you have to demonstrate your ability to support yourself. That means having a decent paying job, a place of your own, and feeding yourself WITHOUT the assistance of someone else. Even then, many states make it extremely difficult to become emancipated unless there are absolutely no other options available.

    If you feel you are in danger at home from your mom hurting you, then contact the authorities and file a report. If they find a credible threat, they will remove you from the home and place you in a suitable foster home while the situation is handled.
    Just to add on to this...The last I knew, NY did not have an actual emancipation statute, but it is on a case by case basis. This poster does not qualify as for the aforementioned reasons.
  4. #4
    CdwJava is offline Senior Member
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    Quote Originally Posted by pandachuler View Post
    In New York State, how can a minor (16) leave home without parental consent and not get into any legal trouble?
    Well, you won't get thrown in jail, but you can be scooped up by the police and returned home and anyone helping you hide from - or disobey - your parents can go to jail.

    My mother and I DO NOT get along at all, she threatened to knock me out, I want to move out with my friend, his mom already said it was okay.
    If you leave without parental permission, your friend's mom can go to jail if she helps you remain out of parental control..

    How can I do it without getting anyone or myself into any trouble?
    You can't.

    Emancipation?
    If I need to get emancipated how do I do it, and do I have to have a job?
    Emancipation is NOT for leaving him because you and your parents do not get along. Before a court rules that mom and/or dad are unfit parents, they will need a darn good reason to do so. So far, you haven't articulated it.

    If mom and dad oppose it, you are almost certainly not going to be emancipated. And since NY has no specific statute covering the application for emancipation, it pretty much has to be a fait accompli before it can be granted.

    In general the following must exist:

    You must be living apart from your parents
    You must be self supporting (but may be receiving public benefits or child support if required by court order)
    You are not in, or in need of, foster care
    You are living beyond the custody and control of your parents
    You are over the age of 16.

    If mom and dad want you to come home, you will be waiting until you are 18.
    A Nor Cal Cop Sergeant

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    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

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  5. #5
    cbg
    cbg is offline Senior Member
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    The definition of being a minor is that you need parental consent to do pretty much everything but breathe.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  6. #6
    LdiJ is offline Senior Member
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    Quote Originally Posted by pandachuler View Post
    In New York State, how can a minor (16) leave home without parental consent and not get into any legal trouble?
    My mother and I DO NOT get along at all, she threatened to knock me out, I want to move out with my friend, his mom already said it was okay. How can I do it without getting anyone or myself into any trouble? Emancipation?
    If I need to get emancipated how do I do it, and do I have to have a job?
    Please help.

    One last thing, I'm leaving for college anyway. In the late summer or fall, I'll be gone anyway..
    How are you going to be paying for college if you alienate your parent? Apparently you are graduating from high school early and going to college early, but it costs money to go to college, and scholarships require the cooperation of parents.

    Don't be foolish...you are apparently bright enough to graduate high school early and get into college early. If you are that bright you can figure out how to coexist with your mother until college starts. If you need your mother to pay for college then you absolutely cannot afford to alienate her now.

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