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  1. #1
    rmcole is offline Junior Member
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    Question Throwing a child out of the house

    What is the name of your state? New York
    My daughter is eighteen, and her actions are becoming a liability to my wife and I. She doesn't want to follow a few simple rules (like a curfew) nor does she want to get a job. There are many other problems, too numerous to detail here. Her main focus in life appears to be the latest boyfriend-du-jour.
    As far as I can determine, New York doesn't have an emancipation statute. What steps can I take to remove her from my house and not be financially responsible for her actions?
  2. #2
    moburkes is offline Senior Member
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    Quote Originally Posted by rmcole
    What is the name of your state? New York
    My daughter is eighteen, and her actions are becoming a liability to my wife and I. She doesn't want to follow a few simple rules (like a curfew) nor does she want to get a job. There are many other problems, too numerous to detail here. Her main focus in life appears to be the latest boyfriend-du-jour.
    As far as I can determine, New York doesn't have an emancipation statute. What steps can I take to remove her from my house and not be financially responsible for her actions?
    Is she still in high school?
  3. #3
    rmet4nzkx is offline Senior Member
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    While she may be an adult for some things, you are still responsible for her financially as she cannot sign contracts until she is 21. While it is true that NY has no emancipation statute, some things will emancipate her, such as marriage or military service. Also if she were to become employed or in some program like" youth corps" she might be emancipated. You could move to a state with majority at age 18
  4. #4
    magic55 is offline Member
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    I dont know why everyone has such a difficult time on this forum understanding NY's legal age of 18 (not 21). Yes you can kick her out of your house if she fails to obey your rules. You do have some financial obligations. Does she want to leave? Would you could do is keep punishing her, and be a parent until she decides to leave on her own.
  5. #5
    fairisfair is offline Senior Member
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    Quote Originally Posted by rmcole
    What is the name of your state? New York
    My daughter is eighteen, and her actions are becoming a liability to my wife and I. She doesn't want to follow a few simple rules (like a curfew) nor does she want to get a job. There are many other problems, too numerous to detail here. Her main focus in life appears to be the latest boyfriend-du-jour.
    As far as I can determine, New York doesn't have an emancipation statute. What steps can I take to remove her from my house and not be financially responsible for her actions?
    I don't see how staying out late or not working creates a liability to you. A pain in the A$$, maybe, but liability?? she sounds like every other teenager. How do you expect this non- working 18 year old girl to support herself when you kick her out?
  6. #6
    BL
    BL is offline Senior Member
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    An 18 yr. old in NY State CAN sign contracts . IE: rent an Apt . , work a full time job , etc .

    I suspect if you kick her out , she could run to the cops , and the cops would Say you have to let her in .

    While there is no emancipation rules per , say and financial responsibility does apply until 21 , the Courts decide emancipation on an individual basis . One is not following reasonable rules of the home .

    I kicked my GF's son out at age 17 , close to 18 , when he talked of threats to my life . The cops came back with him and stated we had to let him back in . I said like hell I will . The stayed till he got his belongings , and gave him a ride somewhere .

    Look up New York State emancipation . While it covers minors 16 to 18 . it set guideline for emancipation .

    Give her an ultimatum . Get a Job , follow reasonable rules of yours , or get out .

    I was out living on my own , and working Full time , plus overtime at age 18 .
  7. #7
    rmet4nzkx is offline Senior Member
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    The age of majority is the age at which an individual can sign contracts (i.e., no more "defense of infancy"). The age of majority for signing contracts is 18 in most states, except Alabama and Nebraska, where it is 19, and Indiana, Mississippi, New York and Puerto Rico, where it is 21. For child support purposes, the age of majority is 18 in most states, 19 in Alabama, Colorado, Maryland and Nebraska, and 21 in D.C., Indiana, Mississippi, and New York, with exceptions for a later age of majority if the child is still in secondary school. As I have stated before the effective age of majority in NY varies it is less for criminal law for example.
    [url]http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS[/url]
    - Penal
    Article 30 - DEFENSE OF INFANCY
    30.00 Infancy.
    1. Except as provided in subdivision two of this section, a person
    less than sixteen years old is not criminally responsible for conduct.
    2. A person thirteen, fourteen or fifteen years of age is criminally
    responsible for acts constituting murder in the second degree as defined
    in subdivisions one and two of section 125.25 and in subdivision three
    of such section provided that the underlying crime for the murder charge
    is one for which such person is criminally responsible; and a person
    fourteen or fifteen years of age is criminally responsible for acts
    constituting the crimes defined in section 135.25 (kidnapping in the
    first degree); 150.20 (arson in the first degree); subdivisions one and
    two of section 120.10 (assault in the first degree); 125.20
    (manslaughter in the first degree); subdivisions one and two of section
    130.35 (rape in the first degree); subdivisions one and two of section
    130.50 (criminal sexual act in the first degree); 130.70 (aggravated
    sexual abuse in the first degree); 140.30 (burglary in the first
    degree); subdivision one of section 140.25 (burglary in the second
    degree); 150.15 (arson in the second degree); 160.15 (robbery in the
    first degree); subdivision two of section 160.10 (robbery in the second
    degree) of this chapter; subdivision four of section 265.02 of this
    chapter, where such firearm is possessed on school grounds, as that
    phrase is defined in subdivision fourteen of section 220.00 of this
    chapter; or section 265.03 of this chapter, where such machine gun or
    such firearm is possessed on school grounds, as that phrase is defined
    in subdivision fourteen of section 220.00 of this chapter; or defined in
    this chapter as an attempt to commit murder in the second degree or
    kidnapping in the first degree.
    3. In any prosecution for an offense, lack of criminal responsibility
    by reason of infancy, as defined in this section, is a defense.

    And specifically from
    2-1.10 Provisions relating to infants and minors
    (a) Unless the creator expressly provides to the contrary, in any
    instrument executed prior to September first, nineteen hundred
    seventy-four, the words "minor", "minority", "infant", "infancy",
    "majority", "adult" and words of like import shall mean or refer to a
    person or a class of persons under the age of twenty-one years or who
    shall have reached such age, according to the context,
    and, unless
    otherwise expressly provided in any instrument executed on or after
    September first, nineteen hundred seventy-four shall mean or refer to a
    person or a class of persons under the age of eighteen years or who
    shall have reached such age, according to the context, except that any
    designation of a testamentary guardian of a "minor" or an "infant" shall
    refer to a guardianship of a person who has not reached the age of
    eighteen years, regardless of the date of the instrument containing the
    designation.
    (b) This act shall not apply to distributions made subsequent to
    September first, nineteen hundred seventy-four and prior to the
    effective date of this act.


    Family Court Act
    580-101. Definitions. In this article:
    (1) "Child" means an individual, whether over or under the age of
    majority, who is or is alleged to be owed a duty of support by the
    individual's parent or who is or is alleged to be the beneficiary of a
    support order directed to the parent.
    (2) "Child support order" means a support order for a child, including
    a child who has attained the age of majority under the law of the
    issuing state.
    (3) "Duty of support" means an obligation imposed or imposable by law
    to provide support for a child, spouse, or former spouse, including an
    unsatisfied obligation to provide support**************

    The exact age is not included as it varies under the applicible code but is effectively 21.
  8. #8
    BL
    BL is offline Senior Member
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    [url]http://www.empirestatecoalition.org/emanc.html[/url]

    [url]http://www.empirestatecoalition.org/rights.html[/url]

    Q. III.2 At what age can a youth:

    sign a contract
    consent to medical care
    obtain identification and documents
    without parental consent/involvement?


    A. In New York State, a young person is considered an adult for most purposes at 18. At that point they are fully responsible for the contracts they sign. Although young people under 18 may sign contracts, most contracts cannot be enforced against them. Not surprisingly, landlords are quite hesitant to enter into leases with minors for that reason.

    Q. III.3 What obligations do young people (under 21) have toward their parents?

    A. Youth under the age of 21 are obligated to obey the reasonable rules set by their parents/guardians as a condition of their continued support.
    Last edited by BL; 06-28-2006 at 05:50 PM.
  9. #9
    rmcole is offline Junior Member
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    Thank you all

    My sincere thanks to everyone who weighed in with advice and opinions. I just needed a clearer picture of what my options are.
    Thanks again!

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