Legal Question in Family Law in New York
Blackmailing and threats of emancipation
A family friend of mine recently confided that she has been having trouble with her 16 year old .Over the past 3 years they have had serious problems with her promiscuity, lying, stealing, and general refusal to follow house rules. There was even an instance of prostitution. After an incident where she was caught sexually with two boys at the same time her father grabbed her by her hair and basically dragged her into the house. There was another incident when he slapped her in the face after an episode. This occured about two years ago. Now she has said that she wishes to emancipate herself and often threatens to reveal these acts of ''abuse'' when she doesn't get her way. Saying that everything they've ever said or done is all''stored up.'' Is there any way they can be proactive before she goes to someone? She has already told a few people, neglecting to mention any part she has in the blame. She makes them out to be abusive parents, they're not. The parents don't think there has been any abuse. But a jury or judge may feel differently. The couple also has another child at home. They are at their witts end. What can they do? Is there a way parents can emancipate themselves from a child who threatens to ruin their lives?
2 Answers from Attorneys
Re: Blackmailing and threats of emancipation
If parents believe their youngster is "out of [their] control" and is behaving in a way, that threatens the health and safety of their youngster or others, one "legal" option they have, to obtain help for their child, is a Family Court, Person In Need of Supervision ("PINS") Petition.
However, taking the matter to Court,is indicative of the parent's failures as much as the child's. And, the Court and other other Social Service Agencies effectively become members of your household.
Therefore, before a parent decides to proceed with any type of legal process re their child,it is strongly reccommended that any and every other possible resource or method is used first, and to exhaution, in an attempt to address the FAMILY problems. Which a Court is likely to decide is not limited to the teenager.
Consider, relocating the child to another family member's home. Family Counseling. Boarding School, Parenting counseling and seminars, and so forth. Be creative. Find a way.
Good luck,
Re: Blackmailing and threats of emancipation
While I agree with the substance of Ms. McAllister's answer, I would add that grabbing a child by the hair, and "basically" grabbing her in the house may very likely constitute abuse. This family might benefit from counseling rather than legal action, so that possibly new and different lines of communication can be opened up for everyone's benefit.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
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