Legal Question in Family Law in New York

Re: Can a female age 17 being forced to send to her parents home country even th

Your girlfriend may file a petition in Family Court, for her emancipation. If granted she would then be able to make her own decisions about where and how she lives. She would then be responsible for herself.

At minimum, [she] a Petitioner for emancipation needs to have a "Plan" for work, education, and a healthy, reasonable living arrangement. They should also show maturity and good judgment.

Please note, a. the Court may not consider her objections to parent's concerns about your onship with her, as "reasonable" or adequate grounds for removal from their control; and

b. her proposed living arrangements, may be thoroughly examined for appropriateness.

At some point after thoroughly discussing this matter with your parents, your friend should schedule an appointment with an attorney to discuss her options.

GOOD LUCK.

PHROSKA L. McALISTER, ESQ

Re: Can a female age 17 being forced to send to her parents home country even th

She can file a petition for emancipation. However, please note that although a parent's obligation of support in New York ends at the age of 21, a child may declare herself emancipated at age 18. If she has a passport she can simply come back since she is a US Citizen.

Mike.

Re: Can a female age 17 being forced to send to her parents home country even th

This is a difficult situation. The problem is more than just her parents do not approve of you and your relationship, the problem is that she will be forced to marry without her own consent in her parent country.

This is a hard thing for a young woman. The law may help her in the form of 'emancipating' her and declaring her an adult. There may be some immigration issues after this, but the fact that she is 17 means that time is on your side.

She can move out and get a temporary 'order of protection' if she files for 'emancipated' status. It is likely that she will become 18 before the case is heard by the court. When she is 18, in America she is an adult and her parents may not force her to leave the USA. This is where the immigration issues become important.

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