In New York, a parent is legally required to financially support a child until the child turns 21 years old or becomes emancipated. A New York lawyer consultation would help a parent understand the nature of their legal obligation to their children.
Emancipation in New York means that the child does not live with their parent or parents any longer and is self-supporting. A child who depends on a parent financially is not emancipated in New York. A child who has been emancipated can become dependent again on the parents before turning 21.
In general, the emancipation requirements for a child under 21 is the following:
- The child is married.
- The child is in the military.
- The child is 18 years old and works full-time. Summer or vacation jobs do not qualify.
- The child has permanently left home and ended their relationship with both parents for no good reason. If the child left home because they were subject to abuse or otherwise forced to leave for good reason, they would not qualify as emancipated.
The first 2 pathways to emancipation, i.e., marriage or military service, are not available to children under the age of 18, because New York has banned marriage for people under the age of 18. The military enlistment path to emancipation is also not available to children under 17 because enlistment in the military requires a minimum age of 17 with parental consent.
Therefore, the only realistic pathway to emancipation for someone who is 16 is financial self-sufficiency.
What Are the Requirements for Emancipating a Minor in New York?
A minor, i.e., a person who is under the age of 18, cannot ask for and receive an emancipation order from a court in New York. Rather, a court can decide that a child is emancipated in another court case of some kind. For example, in a child support case brought by one parent against the other, the court can decide that the parent does not have to pay support, because the child is emancipated.
This state of the law regarding the emancipation of minors in New York means that a child under 18 may be emancipated in fact before the issue is presented to a court, and the court determines that the child is legally emancipated.
There is no specific legal procedure that a child under the age of 18 can pursue to establish their legal emancipation. They do not file a motion or petition in court. Rather, emancipation is established by their life circumstances.
In New York, a court would probably deem a child to have been emancipated if the following is true:
- The child is over the age of 16.
- The child does not live with either parent. If the child lives away from home to attend college, this does not count if the child returns home for holidays and vacations.
- The child does not receive money from either parent unless the court has ordered child support or if the child receives Social Security benefits.
- The child is employed, and this is the main source of their income.
- The child is not in foster care or under court supervision.
- If a child who is old enough to get a job rejects contact with their parent without good reason, the child may forfeit the right to be supported by that parent.
- If a child is in the military or is married, the child is emancipated. A court proceeding may still need to be filed to prove that this has happened.
- A child can be emancipated if they have refused to respect their parent’s reasonable rules and have left their home without good reason. A child cannot be emancipated in this situation if they are under age 16. If a child left the parent’s home for a good reason, e.g., they were subject to child abuse, the parent may still have to support the child.
Financial independence must entail a living situation that involves housing, food and other basic expenses that the emancipated minor provides for themselves without help from anyone else.
What Happens After a New York Emancipation Is Granted?
The following are the rights of a child who has been legally emancipated when they are under the age of 18:
- The child can keep the wages they earn from employment.
- The child can live in their own home.
- The child can go to school in the neighborhood in which they live.
- The child can receive some public benefits.
- The child can ask the court for child support if the parent forced him/her to leave home.
An emancipated child who is under the age of 18 does still needs to obtain their parent’s permission in some cases as follows:
- The child must get a parent’s permission to get a learner’s permit or driver’s license.
- The child must get a parent’s permission to get routine health care unless it is an emergency or for sexually transmitted disease, family planning services, drug treatment or mental health treatment. The child does not need a parent’s permission if the child is pregnant, a parent, or married.
- A child cannot be married in New York if they are under age 18. The child needs permission from a parent and from the court to get married if they are under the age of 18. Being emancipated does not change this requirement.
There is one catch and it is that New York requires working papers for someone under 18 who wants to work full-time. A 16-year-old who is enrolled in school can work a maximum of 28 hours per week, which equals 4 hours per day, and they cannot work more than 4 hours on a day that precedes a school day.
On Fridays, weekends, and holidays, the child may work for up to 8 hours per day. Work is limited to hours between 6 a.m. and 10 p.m. on school nights. With written parental consent and a school certificate of satisfactory academic standing, a minor may work until 12 a.m.
When school is not in session, a child may work for up to 48 hours per week and 8 hours per day, with a 12 a.m. curfew. These restrictions are relevant because they limit the earnings of a 16-year-old and make it difficult to earn enough to live independently in many places in New York, where the cost of living is quite high. A consultation with a New York lawyer would help a minor understand how they can achieve emancipation in that state even if they are in school.
Another important issue for minors is their ability to access reproductive health services, e.g., abortion. A person may obtain an abortion up to 24 weeks from the start of their pregnancy. After 24 weeks, a person may obtain an abortion if the fetus is not viable or if the life of the mother or their physical or mental health is at risk.
In New York, a person who is under 18 does not have to notify their parents or obtain their consent in order to get an abortion or any other reproductive health service, e.g., access to contraceptives.
Are There Alternatives to Emancipation in New York?
In New York, the mistreatment or abuse of children is against the law. New York’s Office of Child Protective Services (OCPS). A child who has been subject to mistreatment or abuse, or a relative, teacher or friend of the minor, may report the child’s situation to the OCPS and get them the help they need to prevent further injury to the child.
Temporary custody with a relative or family friend is another option for a minor who may not be able to achieve the circumstances required for emancipation, but needs an alternative to living with their parent or parents.
Mediation is yet another option. In mediation, the parties to a dispute meet and discuss ways to resolve it that would work for them. An individual can get mediation through a Florida court or through a private mediation service.
Can I Get Help From a New York Family Lawyer With Emancipation Matters?
If you are interested in pursuing emancipation, you want to talk to a New York family lawyer.
Your lawyer can review your life circumstances and advise you as to whether you are emancipated, or if not, what you would have to do to become emancipated. LegalMatch can help connect you with the right attorney in your area.
If emancipation would be out of reach for you now, your lawyer may be able to guide you to an alternative that could work for you. You can learn about all your options by talking to a New York family lawyer.
