Legal Question in Family Law in New York

A 17 year old girl gets into an argument with her mom's fiance, the dispute carries into him putting his forearm on her throat so she cannot breath, her mother then pulls him off her and proceeds to yell and put her hands on the daughter's throat. The mom is convinced that her fiance was just trying to "restrain" the 17 year old. The 17 year old did not give any physical aggresion until she could not breath and tried to kick him off of her. She did argue and yell though. The fiance kicks the 17 year old out, she goes to leave and her mother stops her. Telling her that the only place she can go is a juvenile home. Is this correct? I am in the state of NY which does not allow a minor to leave without parental consent until the age of 18. Also the next day the 17 year old tells her mom she is pregnant and wants to keep the child. The mother and fiance make abortion the only option. Would that fact assist me in moving into a family members home or possibly my boyfriend's home? He is 18 and lives with his mom and brother. Thank you.


Asked on 9/01/10, 4:19 am

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

First, the 17 year old must make a police report. This is a situation where the 17 year old will be given some assistance and might have some credibility.

Second, no she can go to a relative's house but that can be changed by the family court and child protective services or what ever the agency is called in her county.

Third, she should call child protective services either by herself or with the assistance of a family member or close adult friend.

Fourth, her parent can not force her into an abortion. At 17, she will be given the choice.

Fifth, although technically she can not leave the parent's house without permission, at 17 the court will give her great deference to her opinion and position on the issue. She can bring an action in Family Court.

Lastly, she should consider trying to get legal help. Go to the local bar association to see if she can get an attorney or contact the local legal aid. You can even call around to some local family court attorney's will assist her for low cost or pro bono.

If I can be of any further assistance you can contact my office at 516-746-4747 or [email protected].

Joel R. Salinger

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Answered on 9/06/10, 9:52 am


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