Ran away as a minor, but now an adult - what are the rights?

[Seren7]

What is the name of your state?What is the name of your state? New York

If a child runs away as a minor and has turned 18 while still missing, what rights does this child have? He/she would now be considered an adult, correct? Since this is the case, does the child's missing person's report become obsolete and the case is closed?

What about if the runaway (who is now a legal adult) needs his/her paperwork in order to obtain an ID? I.E. - social security card, birth certificate, passport, etc.

Should the person go back to the police agency that was following his/her case and declare herself "not missing" anymore? Would the person also be able to have the police officer retrieve the paperwork from the family?

If the person does go to the police station, can he/she be taken into custody and/or restrained, even though he/she is no longer a minor?

 

[FarmerJ]

If the person is now 18 they have all the obligations and rights that any other 18 yr old has, they can enter into contracts, vote, be treated as a adult by the court system should any actions they take require it such as shoplifting or writting bad checks. You cannot be forced to move back home now nor do your parents have any right to know of your where abouts as long as you dont live under there roof. As far as ID goes you can start the process by contacting the birth records unit of the state where you were born and seeing what information they will need to issue you a duplicate birth certificate and then once you have the duplicate you are able to do what your current state requires to get a ID. Your local social security office can tell you what they will need to get you a SS card. Your parents could simply deny having your old ID or they might decide to give them up to you just by asking for them.

 

[Seren7]

As far as ID goes you can start the process by contacting the birth records unit of the state where you were born and seeing what information they will need to issue you a duplicate birth certificate and then once you have the duplicate you are able to do what your current state requires to get a ID. Your local social security office can tell you what they will need to get you a SS card. Your parents could simply deny having your old ID or they might decide to give them up to you just by asking for them.

This is exactly what I thought, but what if you were born outside of the country and cannot get a hold of your birth certificate (even though you are now a US citizen)?

And would the police have the authority to restrain/take into custody the person if he/she were to go to a police agency and declare themselves no longer missing?

 

[tigger22472]

If the person is now 18 they have all the obligations and rights that any other 18 yr old has, they can enter into contracts, vote, be treated as a adult by the court system should any actions they take require it such as shoplifting or writting bad checks. You cannot be forced to move back home now nor do your parents have any right to know of your where abouts as long as you dont live under there roof. As far as ID goes you can start the process by contacting the birth records unit of the state where you were born and seeing what information they will need to issue you a duplicate birth certificate and then once you have the duplicate you are able to do what your current state requires to get a ID. Your local social security office can tell you what they will need to get you a SS card. Your parents could simply deny having your old ID or they might decide to give them up to you just by asking for them.

I have a question about this, I don't necessarily dispute it but I do question. New York is one of the states that I believe doesn't consider majority until age 21 could that come into play here?

 

[Seren7]

I have a question about this, I don't necessarily dispute it but I do question. New York is one of the states that I believe doesn't consider majority until age 21 could that come into play here?

Wouldn't "majority until age 21" pertain to child support payments? Isn't it universal in the United States that a person becomes a legal adult at age 18, regardless of the State they're in?

 

[tigger22472]

Wouldn't "majority until age 21" pertain to child support payments? Isn't it universal in the United States that a person becomes a legal adult at age 18, regardless of the State they're in?

That's what I am questioning because we had a discussion not long ago about someone in New York being over 18 and whether they needed to seek emancipation or not because in New York it seems the parents are responsible for them until 21.

 

[songman]

One kind of off-topic/on-topic question that arises, if the minor runs away < 18 years old and comes back into the world after 18, does the minor being classed as a runaway still linger on their record? Would this affect future employment, college, etc.?

 

[Seren7]

One kind of off-topic/on-topic question that arises, if the minor runs away < 18 years old and comes back into the world after 18, does the minor being classed as a runaway still linger on their record? Would this affect future employment, college, etc.?

I'm pretty sure it is still on their record, and you would have to go to the police agency and ask them to remove it....

 

[Happy Trails]

I have a question about this, I don't necessarily dispute it but I do question. New York is one of the states that I believe doesn't consider majority until age 21 could that come into play here?

Family Law : Child Support : Obligations

A parent's obligation to support his or her children in accordance with their needs and his or her means is codified by N.Y. Fam. Ct. Court Act § 413 (1) (a), which provides that the parents of a child under the age of twenty-one years are chargeable with the support of such child and, if possessed of sufficient means or able to earn such means, shall be required to pay for child support a fair and reasonable sum as the court may determine.


Family Law : Parental Rights & Duties : Emancipation of Minors

Despite the fact that parents have a continuing obligation to support their children until they reach the age of 21 years, it is beyond cavil that emancipation of the child suspends the parent's support obligation. Children are emancipated if they become economically independent of their parents through employment, entry into military service, or marriage, and may also be deemed constructively emancipated if, without cause, they withdraw from parental control and supervision. N.Y. Fam. Ct. Act § 413.

For more info. go to: http://www.bostoncoop.net/lcd/emancipation/new_york.html

 

[tigger22472]

Family Law : Child Support : Obligations

A parent's obligation to support his or her children in accordance with their needs and his or her means is codified by N.Y. Fam. Ct. Court Act § 413 (1) (a), which provides that the parents of a child under the age of twenty-one years are chargeable with the support of such child and, if possessed of sufficient means or able to earn such means, shall be required to pay for child support a fair and reasonable sum as the court may determine.


Family Law : Parental Rights & Duties : Emancipation of Minors

Despite the fact that parents have a continuing obligation to support their children until they reach the age of 21 years, it is beyond cavil that emancipation of the child suspends the parent's support obligation. Children are emancipated if they become economically independent of their parents through employment, entry into military service, or marriage, and may also be deemed constructively emancipated if, without cause, they withdraw from parental control and supervision. N.Y. Fam. Ct. Act § 413.

For more info. go to: http://www.bostoncoop.net/lcd/emancipation/new_york.html

K.. thank you.

 

[Seren7]

Despite the fact that parents have a continuing obligation to support their children until they reach the age of 21 years, it is beyond cavil that emancipation of the child suspends the parent's support obligation. Children are emancipated if they become economically independent of their parents through employment, entry into military service, or marriage, and may also be deemed constructively emancipated if, without cause, they withdraw from parental control and supervision. N.Y. Fam. Ct. Act § 413.

A.K.A. They ran away, correct?

 

[Happy Trails]

A.K.A. They ran away, correct?

Well, leaving the custody of the parents supervision or parental control, is running away (IMO, if you are under 18).

In the link I provided, it gives several scenarios. In NY the parent is legally responsible to support children until the age of 21, unless parent can prove the child is emancipated.

So if the child is out of the house and under 21, grounds for emancipation would be considered because the child voluntarily left the home.

No longer under parents control or supervision could = emancipation = no support.

 

[CdwJava]

One kind of off-topic/on-topic question that arises, if the minor runs away < 18 years old and comes back into the world after 18, does the minor being classed as a runaway still linger on their record? Would this affect future employment, college, etc.?

The only record that would likely be anywhere would be a record of them being reported as a runaway or a missing person. This is generally not a criminal offense - it is a staus offense. How this is recorded, and where this can be accessed may vary by state.

In my state, an employer would never be able to access that kind of information. I suspect the same is true in NY.

- Carl

 

[Jethrine]

Runaway as a minor

Ok, I'm a juvenile probation officer in Indiana. Typically, when a person is found who was reported as a runaway, the State alleging Runaway should pay to have that person sent back to have the case resolved. Since you are 18, and if you are independent, paying your own way, you could be emancipated. I am not sure if you are/were on probation? You could always call the prosecutor in the county where the Runaway was reported and talk to him/her. You don't have to say where you are and he/she can't zap you up with magic powers. He may want to close your case as well since you're now legally an adult.