What are my rights as an emancipated minor?

In New York State, individuals under the age of 18 are considered minors. Their parents or legal guardians are responsible for their support until they reach the age of 21. Until age 18 parents have the legal right to make decisions about their child's education, healthcare, and other important aspects of their life. Parents are also responsible for providing for their children's basic needs, such as food, shelter, and clothing.

New York does not have a legal procedure for a child to ask to be declared emancipated. In New York a legal emancipation by the court only happens when a parent is asked for child support and the court declares support is not required because the child is emancipated.

Requirements for emancipation

To be considered emancipated in New York State, you must meet specific requirements. You must be:

• At least 16 years old (employable) 
• Living separate and apart from your parents or legal guardians
• Have your own source of income, such as a job or public benefits, that allows you to cover all your basic needs and expenses

Emancipation can also be granted if you are a minor that is married, in the military, or have been declared an adult in another state.

Impacts and limits of emancipation

There are several potential impacts of being emancipated. As an emancipated minor, you would be responsible for your own decisions and actions, and would no longer have to follow your parents' authority. This would allow you to make decisions about your education and healthcare, for example. Emancipation might also allow you to enter into some contracts and legal agreements on your own.

There are also limits to emancipation and you will still have to follow certain legal restrictions. For example, you cannot buy alcohol or tobacco until you reach the age of 21. Additionally, for certain activities like getting married or joining the military, you will need parental consent until the age of 18. You will also need a parent’s permission to get working papers, a learner’s permit or driver’s license until the age of 18.

Process of emancipation

There is no official process for emancipation in New York State, so you cannot go to court for an “emancipation order.” You may, however, be considered emancipated as part of another court case. For example, the filing of a child support petition in Family Court may result in the court declaring you to be emancipated.

There are certain situations where proof of emancipation may be required. For example, you may need to give proof of your emancipated status when enrolling in school or applying for public benefits. Schools or organizations asking for "emancipation papers" will usually accept a sworn or verified document, like an affidavit, where you explain why you are an emancipated minor. If you need public assistance, the Social Services Department will ask your parents to pay support. Unless they show you have refused to accept their home or their reasonable rules, they are still responsible for your support and you are not emancipated. If you left home because you were kicked out or abused, you may be allowed to live separately, but your parents would still be required to pay support.

For more help and information

If you need to know more about how to live on your own and receive home relief, contact The Door, a help center for young people ages 12-21 years old.