Legal Question in Family Law in New York

Re: Emancipated minor and adoption

It is heartwarming that you are such a responsible, committed person; and that you welcome the chance to continue to care for your nephew/child, even to the extent of relieving his father of HIS responsiblities. However, a parent is very unlikely to succeed in declaring his (or her) child "emancipated" at 18, merely because he does not want to support the child, while the youngster attends college.

Emancipation usually means that an underage (in NY under age 21) youngster, is entirely "self supporting; is not engaging in conduct that is a violatation of all a parent could "reasonably" believe is proper conduct; and is not in need of a parent's support.

Thus, a youngter attending college, even while working part time, and living with his aunt or on campus, is unlikely to persuade the Court, to "emanicipate" and declare that the father should be relieved of his obligation, to support his child.

If you still want to adopt your nephew YOU are the one who needs to Petition the Court for his adoption. Which, among other things, will require your nephew's consent (since he is over 14) and his father's written consent.

FYI, you can download documents and more info about adoption from the NY Unified Court Web site.

Good luck,