Legal Question in Family Law in New York
I am 17 years old and I live in New York. I have never been in any legal trouble and have always been a straight A student. I no longer want to live at home due to circumstances with my father and sister. My sister has always been in trouble, been on PINS and been brought home by the police hundreds of times when she was younger. She got pregnant when she was 15 and is now 18. She and her daughter live with my father and I now. However, she has moved in and out of my house at least 8 times in the last two years. When she is home, she steals my belongings such as money, clothes, birthday cards out of the mail..Etc. My dad has done nothing about this even though I have expressed to him so many times that it takes such an emotional toll on me and I can no longer take the abuse. My dad and my sister have gotten into fist fights and screaming fights at least twice a week since she was 10. I have told him I do not want to live at home anymore. So he told me to �get the fuck out of his house.� So I left and have been living with my boyfriend and his mom who are more than happy to have me. I got a PINS notice in the mail that my dad was filing a PINS case against me for not coming home although he told me to leave. He never once called my cell phone to ask where I was even though in the PINS complaint he states that he was �very worried and didn�t know where I was or how to find me.� He told me that if I didn�t come home he would send a police officer to my new residence and have them escort me out and make me go home. He will not agree to give custody to my aunt whom I would like to live with or to my boyfriends mom where I have been living. Is there anything he can do if I just don�t go home? Is there anything PINS (person in need of supervision) can do if I don�t go home?
1 Answer from Attorneys
It sounds like you should try to get classified as an emancipated minor, as you are 17 and an "A" student, this may be possible. It would help to have witnesses that you are mature and responsible. You can obtain the emancipation forms from the court. Good luck!