emancipation help

[cl41576]

What is the name of your state? I live in RI, but am asking about NY law

My fiance's brother is 16 and lives in New York with his mom and stepfather. His brother wants out of the house up there because he is butting heads with them all the time. His step-brother lives there too and he is portayed as the "golden child".
My fiance and his mom got into an arguement about a month back and she put a restraining order on him. There was no grounds for this, but not only is he resrained from talking to her, but he also cant talk to his brother. His brother is also upset with this, but his mom wont reconsider. He wants to move out of her house and move in with us here in RI. How would he go about becoming emancipated from them so that he can stay here with us?

 

[Happy Trails]

What is the name of your state? I live in RI, but am asking about NY law

My fiance's brother is 16 and lives in New York with his mom and stepfather. His brother wants out of the house up there because he is butting heads with them all the time. His step-brother lives there too and he is portayed as the "golden child".
My fiance and his mom got into an arguement about a month back and she put a restraining order on him. There was no grounds for this, but not only is he resrained from talking to her, but he also cant talk to his brother. His brother is also upset with this, but his mom wont reconsider. He wants to move out of her house and move in with us here in RI. How would he go about becoming emancipated from them so that he can stay here with us?

There seems to be a big misconception about emancipation. To be emancipated he must be totally independent.
Completely self supported he can not just move in with someone. He would have to go in front of a Judge and prove he would be able to do this.

 

[rmet4nzkx]

Your fiancee's brother does not qualify for emancipation.
Your fiancee has no legal standing furthermore would be in violation of the R/O by communicating with his brother. Further reason for the court to not allow emancipation.

 

[cl41576]

emancipation cont

if he doesnt qualify for emanicaption, then what can he do to get the order lifted from him. he and my fiance have not talked. I have talked to him. It says in the order that I may contact the family members.

 

[snostar]

He will also need his parents or guardians approval.

In New York State, there is no Emancipation Statute or court proceeding in which an Order of Emancipation can be obtained. In New York, the status of a youth as an Emancipated Minor depends on the facts.

It applies to youth over the age of 16 and under 18 who are:

(1) living separate and apart from their parents;
(2) not receiving any financial support from them (except by court order or benefits to which they are entitled, i.e. Social Security);
(3) living beyond the parent's custody and control; and,
(4) not in foster care.

Emancipation does not give a minor adult status in all areas.