Q. 1.1 How do you define Emancipation?
Q. 1.2 Who can
be considered an Emancipated Minor?
Q. 1.3 Can the
status Emancipated Minor help or hurt a young person?
Q. 1.4 Can an
Emancipated Minor sign a lease?
Q. 1.1 How is Emancipation defined?
A. The
term emancipation 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 involves the renunciation of the
legal obligations of a parent and the surrender
of parental rights over the child. It may occur
when a parent is unwilling or unable to meet
his/her obligations to one's child or when a
child refuses to comply with the reasonable rules
of a parent and leaves home.
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. Whether an Emancipated Minor has
the same rights as an adult depends upon the
relevant law.
Emancipation does not give a minor adult status
in all areas.
- An
Emancipated Minor is not allowed to vote;
- An
Emancipated Minor is still required to
obtain parental consent to get working
papers and is limited in the kindsof jobs
he/she can perform;
- An
Emancipated Minor cannot bring a lawsuit
and must have an adult commence any
litigation on his/her behalf;
- An
Emancipated Minor cannot buy, sell or
control real estate;
- Age
and consent requirements to marry apply
regardless of emancipation;
- An
Emancipated Minor cannot join the
military;
- An
Emancipated Minor is subject to statutory
rape laws and age requirements governing
consent;
- An
Emancipated Minor cannot get a learner's
permit or driver's license without
parental consent;
- An
Emancipated Minor cannot rent a campsite;
- Parental
consent is required to obtain routine
health care. As in any case involving a
minor, an emancipated minorcan obtain
health care without parental consent when
it involves an emergency, a sexually
transmitted disease, family planning
services, alcohol and mental health
treatment, or if the minor is pregnant, a
parent, or married.
Q. 1.2 Who can
be considered an Emancipated Minor?
A.
Although there is no court proceeding in New York
to have a young person declared an Emancipated
Minor, New York Law recognizes the status of
emancipation and the rights of emancipated
minors. To determine whether a young person is
emancipated, the following factors are critical:
- The
youth must be living apart from his/her
parents;
- The
youth must be self supporting (may be
receiving public benefits or child
support if required by court order);
- The
youth is not in need/receipt of foster
care;
- The
youth is living beyond the custody and
control of the parent;
- The
youth is over the age of 16.
Q. 1.3 Does
the status Emancipated Minor help or hurt a young
person?
A. If a
young person can establish his/her emancipation
through the test above, then the young person
would have the following rights:
- The
right to retain one's own wages;
- The
right to sue for parental support if the
parent forced the youth to leave home;
- The
right to establish his/her own legal
residence and attend school where he/she
resides;
- If
needy, eligibility for certain public
benefits (depending on the circumstances
of the young person's emancipation);
Keep in
mind, that depending upon the reason the young
person left home, his/her parents may not be
obligated to provide support (food, clothing,
shelter) to the young person.
Q. 1.4 Can an
Emancipated Minor sign a lease?
A. An
Emancipated Minor has the same rights as any
other minor to enter into a contractual
agreement. As a general rule, if a minor signs a
lease for an apartment, the minor cannot be held
to the lease, but the landlord can. In other
words, a minor can "disavow" the
contract. This is why many landlords are
reluctant to rent to minors.
